House Bill 1793er

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  1

  2         An act relating to the Devil's Garden Water

  3         Control District, Hendry County; providing for

  4         codification of special laws relating to the

  5         Devil's Garden Water Control District, a

  6         special tax district of the State of Florida;

  7         providing legislative intent; codifying,

  8         reenacting, and amending chapters 87-473 and

  9         99-436, Laws of Florida; providing for minimum

10         charter requirements; providing for supervisor

11         qualifications; providing for provisions of

12         other laws made applicable; providing for

13         ratification of prior actions; repealing

14         chapters 87-473 and 99-436, Laws of Florida,

15         relating to the district, to conform; providing

16         severability; providing an effective date.

17

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

19

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

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

22  special acts relating to the Devil's Garden Water Control

23  District, an independent special district and political

24  subdivision of the State of Florida. It is the intent of the

25  Legislature in enacting this law to provide a single,

26  comprehensive special act charter for the District, including

27  all current legislative authority granted to the District by

28  its several legislative enactments and any additional

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

30  this act to preserve all District authority, including the

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  1  authority to annually assess and levy taxes and charges

  2  against the taxable property in the District.

  3         Section 2.  Chapters 87-473 and 99-436, Laws of

  4  Florida, are codified, reenacted, amended, and repealed as

  5  herein provided.

  6         Section 3.  The Devil's Garden Water Control District

  7  is re-created, and the charter for the District is re-created

  8  and reenacted to read:

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

10  Florida Statutes, the following are the minimum requirements

11  for the charter of the Devil's Garden Water Control District:

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

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

14  Statutes, as they may be amended from time to time, except as

15  otherwise provided in this act.

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

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

18  revenue-raising capabilities, budget preparation and approval,

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

20  certificates as appropriate for non-ad valorem assessments,

21  and contractual agreements shall be as set forth in chapters

22  189, 197, and 298, Florida Statutes, this act, or any other

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

24  time to time.

25         (c)  The District was created by the process contained

26  in chapter 298, Florida Statutes.

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

28  special act of the Legislature.

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

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

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


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

  2  amended from time to time.

  3         (f)  The compensation of Board members shall be

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

  5  they may be amended from time to time.

  6         (g)  The administrative duties of the Board 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         (h)  Requirements for financial disclosure, meeting

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

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

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

13  be amended from time to time.

14         (i)  The procedures and requirements governing the

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

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

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

18  amended from time to time.

19         (j)  The procedures for conducting District elections

20  and for qualification of electors shall be pursuant to

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

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

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

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

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

26  amended from time to time.

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

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

29  property in the District a special tax each year as

30  maintenance tax.

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

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

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

  4  from time to time.

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

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

  7  may be amended from time to time.

  8         Section 2.  The territorial boundaries of the District

  9  include lands in Hendry County, Florida, described as follows:

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11         Beginning at the intersection of the North

12         boundary line of Section 5, Township 45 South,

13         Range 34 East, according to State Survey, and

14         the West boundary line of the Right-of-Way of

15         L-1 Levee of the Central and Southern Florida

16         Flood Control District; thence westerly along

17         the boundary line between Townships 44 South

18         and 45 South to the Southeast corner of Section

19         31, Township 44 South, Range 31 East, thence

20         North along the East boundary line of Sections

21         31, 30 and 19 in said Township 44 South, Range

22         31 East to the Northeast corner of said Section

23         19, Township 44 South, Range 31 East; thence

24         westerly along the North boundary of said

25         Section 19 to the Northwest corner of Section

26         19, thence westerly along the North boundary of

27         Section 24, T. 44 S., R.30 E., to the Northwest

28         corner of said Section 24, thence continuing

29         westerly along the North boundary of Section

30         23, T 44 S, R 30 E to a local Road known as

31         "Twin Mills", thence southerly along a line


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  1         described in Official Record 581, pages 430

  2         thru 439 and Official Record 581, pages 443

  3         thru 451 to County Road 832, thence easterly

  4         along SR 832 as described in Official Record

  5         581, pages 443 thru 451 to a local Road known

  6         as "Wild Cow Road", thence southerly along Wild

  7         Cow Road, as described in Official Record 581,

  8         pages 443 thru 451 to the South boundary of

  9         Section 25, T 45 S, R 30 E, thence easterly

10         along the South boundary of said Section 25 and

11         along the South boundary of Section 30, T 44 S,

12         R 31 E to the South 1/4 corner of said Section

13         30, thence southerly along the North-South 1/4

14         Section line of Section 31 to the South

15         boundary of Section 31, T 45 S, R 31 E, thence

16         easterly along the Township line between T 45 S

17         and T 46 S; to the Northwest corner of Section

18         2, Township 46 South, Range 32 East; thence

19         southerly along the West boundary of said

20         Section 2 to the Southwest corner thereof;

21         thence easterly along the South boundary of

22         said Section 2 & 1 to the Southeast corner of

23         Section 1; thence northerly along the easterly

24         boundary of said Section 1 to the Northeast

25         corner thereof; thence easterly along the South

26         boundary of Township 45 South, Range 33 East to

27         the Southeast corner of said Township 45 South,

28         Range 33 East; thence northerly along the East

29         boundary of said Township 45 South, Range 33

30         East to the Northeast corner of Section 12,

31         Township 45 South, Range 33 East; thence


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  1         easterly along the South boundaries of Section

  2         5 and 6, Township 45 South, Range 34 East, to

  3         an intersection of the West boundary of the

  4         Right-of-Way of Levee L-I of the Central and

  5         Southern Florida Flood Control District; thence

  6         northerly along said Right-of-Way boundary of

  7         L-I along the approximate East boundary of

  8         Section 5, Township 45 South, Range 34 East, to

  9         the Point-of-Beginning of this description.

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11         AND ALSO

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13         TOWNSHIP 46 SOUTH, RANGE 34 EAST:

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15         The West-half, and the West-quarter of the

16         Northeast-quarter, and the West-quarter of the

17         East-half of the West-half of the

18         Northeast-quarter of Section 6, Less Road

19         Right-of-Way.  All of Section 7, Less Road

20         Right-of-Way, and all Section 8, and the

21         North-half of Section 17, and the North-half of

22         Section 18, Less Road Right-of-Way.

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24         Containing approximately 85,625 acres.

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26         Section 3.  Powers of the District.--In addition to the

27  powers of the District under chapter 298, Florida Statutes,

28  and other general laws, the District shall have the power to

29  construct, finance, and maintain roads for ingress and egress

30  to lands within the District, and to acquire, construct, and

31  maintain pumping stations, water control facilities, levees,


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  1  ponds, lakes, and other facilities for the retention of water.

  2  All power and authority of the District shall extend and apply

  3  to the District as a whole and to each unit of improvement as

  4  from time to time created.

  5         Section 4.  Units of improvement; powers of supervisors

  6  to designate units of District and adopt system of progressive

  7  water control by units; water control plans and financing

  8  assessments, etc., for each unit.--The Board of Supervisors of

  9  Devil's Garden Water Control District shall have the power and

10  is hereby authorized in its discretion to drain, irrigate, and

11  reclaim or more completely and intensively to drain, irrigate,

12  and reclaim the lands in the District by designated areas or

13  parts of the District to be called "units." The units into

14  which the District may be so divided shall be given

15  appropriate numbers or names by the Board of Supervisors, so

16  that the units may be readily identified and distinguished.

17  The Board of Supervisors shall have the power to fix and

18  determine the location of, area and boundaries of, and lands

19  to be included in each and all such units, the order of

20  improvement thereof, and the method of carrying on the work in

21  each unit. The unit system of water control provided by this

22  section may be conducted and all of the proceedings by this

23  section and this act authorized in respect to such unit or

24  units may be carried on and conducted at the same time as or

25  after the work of improving of the entire District has been or

26  is being or shall be instituted or carried on under the

27  provisions of this act. If the Board of Supervisors shall

28  determine that it is advisable to conduct the work of

29  improving the lands in the District by units, as authorized by

30  this section, the Board shall, by resolution duly adopted and

31  entered upon its minutes, declare its purpose to conduct such


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  1  work accordingly, and shall from time to time fix the number,

  2  location, and boundaries of and description of lands within

  3  such unit or units and give them appropriate numbers or names.

  4  As soon as practicable after the adoption and recording of

  5  such resolution, the Board of Supervisors shall publish notice

  6  once a week for two consecutive weeks in a newspaper published

  7  in Hendry County, Florida, briefly describing the units into

  8  which the District has been divided and the lands embraced in

  9  each unit, giving the name, number, or other designation of

10  such units, requiring all owners of lands in the District to

11  show cause in writing before the Board of Supervisors at a

12  time and place to be stated in such notice why the division of

13  the District into such units should not be approved, and the

14  system of improvement by units should not be adopted and given

15  effect by the Board, and why the proceedings and powers

16  authorized by this section should not be had, taken, and

17  exercised. At the time and place stated in the notice, the

18  Board of Supervisors shall hear all objections or causes of

19  objection (all of which shall be in writing) of any landowner

20  in the District to the matters mentioned and referred to in

21  such notice, and if no objections are made, or if the

22  objections, if made, shall be overruled by the Board, then the

23  Board shall enter in its minutes its finding an order

24  confirming the resolution, and may thereafter proceed with the

25  improvement of the District by units pursuant to such

26  resolution and to the provisions of this act. If, however, the

27  Board of Supervisors shall find as a result of such

28  objections, or any of them, or the hearing thereon, that the

29  division of the District into such units as aforesaid should

30  not be approved, or that the system of improvement by units

31  should not be adopted and given effect, or that the


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  1  proceedings and powers authorized by this section should not

  2  be had, taken, or exercised, or that any other matter or thing

  3  embraced in the resolution would not be in the best interest

  4  of the landowners of the District or would be unjust or unfair

  5  to any landowner therein or otherwise inconsistent with fair

  6  and equal protection and enforcement of the rights of every

  7  landowner in the District, then the Board of Supervisors shall

  8  not proceed further under such resolution, but the Board of

  9  Supervisors may, as a result of such hearing, modify or amend

10  the resolution so as to meet such objections so made, and

11  thereupon the Board may confirm the resolution as so modified

12  or amended and may thereafter proceed accordingly. The

13  sustaining of such objections and the rescinding of such

14  resolutions shall not exhaust the power of the Board under

15  this section; but, at any time not less than 1 year after the

16  date of the hearing upon any such resolution, the Board of

17  Supervisors may adopt other resolutions under this section and

18  thereupon proceed on due notice in like manner as above. If

19  the Board of Supervisors shall overrule or refuse to sustain

20  any such objections in whole or in part made by any landowner

21  in the District, or if any such landowner shall deem himself

22  or herself aggrieved by any action of the Board of Supervisors

23  in respect to any objections so filed, such landowner may,

24  within 10 days after the ruling of the Board, file his or her

25  complaint in the court of competent jurisdiction against the

26  District, praying an injunction or other appropriate relief

27  against the action or any part of such action proposed by such

28  resolution or resolutions of the Board, and such suits shall

29  be conducted like other suits. Upon the hearing of the cause,

30  the court of competent jurisdiction shall have the power to

31  hear the objections and receive the evidence thereon of all


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  1  parties to such cause and approve or disapprove the

  2  resolutions and action of the Board in whole or in part, and

  3  to render such decree in such cause as right and justice

  4  require. When the resolutions creating the unit system shall

  5  be confirmed by the Board of Supervisors (or by the circuit

  6  court if such proposed action shall be challenged by a

  7  landowner by the judicial proceedings hereinabove authorized),

  8  the Board of Supervisors may adopt a water control plan or

  9  plans for and in respect to any or all such units, and to have

10  the benefits and damages resulting therefrom assessed and

11  apportioned by the District engineer and the engineer's report

12  considered and confirmed, all in like manner as is provided by

13  law in regard to water control plans for and assessments for

14  benefits and damages of the entire District. With respect to

15  the water control plan, notices, engineer's report, and notice

16  and confirmation thereof, the levy of assessments and taxes,

17  including maintenance taxes, and the issuance of bonds and all

18  other proceedings as to each and all of such units, the Board

19  shall follow and comply with the same procedure as is provided

20  by law with respect to the entire District; and the Board of

21  Supervisors shall have the same powers in respect to each and

22  all of such units as is vested in them with respect to the

23  entire District. All the provisions of this act shall apply to

24  the improvement of each, any, and all of such units, and the

25  enumeration of or reference to specific powers or duties of

26  the supervisors or any other officers or other matters in this

27  act as hereinabove set forth shall not limit or restrict the

28  application of any and all of the proceedings and powers

29  herein to the improvements of such units as fully and

30  completely as if such unit or units were specifically and

31  expressly named in every section and clause of this act where


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  1  the entire District is mentioned or referred to. All

  2  assessments, levies, taxes, bonds, and other obligations made,

  3  levied, assessed, or issued for or in respect to any such unit

  4  or units shall be a lien and charge solely and only upon the

  5  lands in such unit or units, respectively, for the benefit of

  6  which the same shall be levied, made, or issued, and not upon

  7  the remaining units or lands in the District. The Board of

  8  Supervisors may at any time amend its resolutions by changing

  9  the location and description of lands in any such unit or

10  units; and provided, further, that if the location of or

11  description of lands located in any such unit or units are so

12  changed, notice of such change shall be published as

13  hereinabove required in this section for notice of the

14  formation or organization of such unit or units, and all

15  proceedings shall be had and done in that regard as are

16  provided in this section for the original creation of such

17  unit or units, provided, however, that no lands against which

18  benefits shall have been assessed may be detached from any

19  such unit after the confirmation of the engineer's report of

20  benefits in such unit or units or the issuance of bonds or

21  other obligations which are payable from taxes or assessments

22  for benefits levied upon the lands within each unit or units.

23  However, if, after confirmation of the engineer's report of

24  benefits in such unit or units, or the issuance of bonds or

25  other obligations which are payable from taxes or assessments

26  for benefits levied upon lands within such unit or units, the

27  Board of Supervisors finds the water control plan for any such

28  unit or units insufficient or inadequate for efficient

29  improvement, the plan may be amended or changed as provided in

30  chapter 298, Florida Statutes, as the unit or units may be

31  amended or changed as provided in this section, by changing


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  1  the location and description of lands in any such unit or

  2  units, by detaching lands therefrom, or by adding lands

  3  thereto; and in such event, all assessments, levies, taxes,

  4  bonds, and other obligations made, levied, assessed, incurred,

  5  or issued for or in respect to any such unit or units may be

  6  allocated and apportioned to the amended unit or units in

  7  proportion to the benefits assessed by the engineer's report

  8  for the amended water control plan, and the report shall

  9  specifically provide for such allocation and apportionment.

10  However, a change or amendment to a designated unit is not

11  authorized if it has the effect of impairing a debt or other

12  obligation of the unit or District.

13         Section 5.  Providing for District taxes.--All lands in

14  the District receiving benefits shall be subject to District

15  taxes notwithstanding any previous provisions of law or court

16  order.

17         Section 6.  The governing Board of the District shall

18  be designated the "Board of Supervisors of Devil's Garden

19  Water Control District" and shall be composed of three

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

21  Florida.

22         Section 7.  All acts and proceedings of the circuit

23  court taken by, for, and on behalf of the District since the

24  creation thereof, and all of the acts and proceedings of the

25  Board of Supervisors, the Commissioners, and all other

26  officers and agents of the District, and of the county, acting

27  for and on behalf of the District, and any and all tax levies

28  and assessments which have been made by the Board of

29  Supervisors for and on behalf of the District, are each and

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

31  ratified, validated, and confirmed.


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  1         Section 4.  Chapters 87-473 and 99-436, Laws of

  2  Florida, are repealed.

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

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

  5  provisions to any situation, circumstances, or person shall

  6  for any reason be held to be unconstitutional, such

  7  unconstitutionality shall not affect any other sections or

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

  9  provisions to any other situation, circumstances, or person,

10  and it is intended that this act shall be construed and

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

12  in this act for any unconstitutional application.

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

14  law.

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