House Bill 1837

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    Florida House of Representatives - 2000                HB 1837

        By Representative A. Greene






  1                      A bill to be entitled

  2         An act relating to the South Shore Drainage

  3         District, Palm Beach County; codifying the

  4         district's charter, chapter 11138, Laws of

  5         Florida, (1925), as amended; providing

  6         legislative intent; providing for minimum

  7         charter requirements; specifying the boundaries

  8         of the district; providing for a district board

  9         of governors; providing for meetings of

10         district landowners; specifying a quorum;

11         providing for a grant of property and property

12         rights to the district for district purposes;

13         providing supplemental powers of the district

14         governing board; authorizing the governing

15         board to employ a district general manager;

16         providing for taxation of district lands;

17         adopting a district water control plan of

18         reclamation; providing for equal assessment of

19         district lands; providing for ratification of

20         certain prior actions; repealing all prior

21         special acts relating to the South Shore

22         Drainage District; providing for severability;

23         providing an effective date.

24

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

26

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 South Shore Drainage District, an independent special

31  district and political subdivision of the State of Florida.

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  1  It is the intent of the Legislature in enacting this law to

  2  provide a single, comprehensive special act charter for the

  3  District, including all current legislative authority granted

  4  to the District by its several legislative enactments and any

  5  additional authority granted by this act.  It is further the

  6  intent of this act to preserve all District authority,

  7  including the authority to annually assess and levy against

  8  the taxable property in the District.

  9         Section 2.  Chapter 11138, Laws of Florida, 1925, as

10  amended, is codified, reenacted, amended, and repealed as

11  herein provided.

12         Section 3.  Pursuant to s. 189.404(3), Florida

13  Statutes, the South Shore Drainage District is re-created and

14  the charter for such district is re-created and reenacted to

15  read:

16         Section 1.  (1)  The South Shore Drainage District is

17  organized and exists for all purposes set forth in this act

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

19  time to time, so far as not inconsistent with this act.

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

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

22  revenue-raising capabilities, budget preparation and approval,

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

24  certificates as appropriate for non-ad valorem assessments,

25  and contractual agreements shall be as set forth in chapters

26  189, 197, and 298, Florida Statutes, this act, or any other

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

28  time to time.

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

30  special act of the Legislature.

31

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  1         (4)  In accordance with chapter 298, Florida Statutes,

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

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

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

  5  amended from time to time.

  6         (5)  The compensation of Board members shall be

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

  8  they may be amended from time to time.

  9         (6)  The administrative duties of the Board shall be as

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

11  they may be amended from time to time.

12         (7)  Requirements for financial disclosure, meeting

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

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

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

16  be amended from time to time.

17         (8)  The procedures and requirements governing the

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

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

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

21  amended from time to time.

22         (9)  The procedures for conducting District elections

23  and for qualification of electors shall be pursuant to

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

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

26         (10)  The District may be financed by any method

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

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

29  amended from time to time.

30         (11)  In accordance with chapter 298, Florida Statutes,

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

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  1  property in the District a special tax each year as

  2  maintenance tax.

  3         (12)  The method for collecting non-ad valorem

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

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

  6  from time to time.

  7         (13)  The District's planning requirements shall be as

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

  9  may be amended from time to time.

10         (14)  The geographic boundary limitations are as set

11  forth in section 2.

12         Section 2.  That for the purpose of reclaiming and

13  draining the lands hereinafter described and improving said

14  lands by means of the construction of canals and ditches and

15  making said lands available and habitable, and for the

16  maintenance thereof, and authorizing the cutting and

17  construction of canals, ditches, dikes, and reservoirs for the

18  benefit of said lands, and protecting the same from the effect

19  of excess water, and making them available for agricultural

20  and sanitary purposes, and for the public convenience and

21  welfare and for public utility and benefit, a drainage and

22  water control district is hereby established and declared to

23  exist, to be known and designated as South Shore Drainage

24  District, the territorial boundaries of which shall be as

25  follows:

26

27         Commencing at a point being the intersection of

28         the west right-of-way line of the Everglades

29         Drainage District's North New River Canal with

30         the east and west half section line of Section

31         14, Township 44 South, Range 36 East;

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  1

  2         Thence west along the aforesaid half section

  3         line of Section 14, 3,722 feet, more or less,

  4         to a point whence the quarter corner between

  5         Section 14 and Section 15, Township 44 South,

  6         Range 36 East, bears west 50 feet distant;

  7

  8         Thence north 0° 7' east along a line parallel

  9         to and 50 feet east of the section line between

10         the aforesaid Section 14 and Section 15, a

11         distance of 2,561 feet, more or less, to a

12         point being the intersection with the South

13         boundary of Florida East Coast Railway

14         right-of-way, said point lying 50 feet east,

15         and 81.6 feet south of the section corner

16         common to Sections 10, 11, 14 and 15, Township

17         44 South, Range 36 East;

18

19

20         Thence south 89° 57' west along the south

21         boundary of the Florida East Coast Railway

22         right-of-way, a distance of 15,915.8 feet, more

23         or less, through Sections 15, 16, and 17 to a

24         point on the section line between Sections 17

25         and 18, said point lying 94.5 feet south of the

26         section corner common to Sections 7, 8, 17, and

27         18, Township 44 South, Range 36 East;

28

29         Thence north 0° 5' east along said section line

30         between Sections 17 and 18 and Sections 7 and 8

31         to a point on the section line between Sections

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  1         7 and 8, said point being 105.8 feet north of

  2         the section corner common to Sections 7, 8, 17,

  3         and 18, Township 44, Range 36 East;

  4

  5         Thence north 45° 00' west diagonally through

  6         Section 7, Township 44 South, Range 36 East,

  7         7,431 feet, more or less, to a point lying 75

  8         feet north and 30 feet east of the section

  9         corner common to Sections 1 and 12, Township 44

10         South, Range 35 East, and Sections 6 and 7,

11         Township 44 South, Range 36 east (the

12         above-described line being parallel to and 75

13         feet distant from a true Northwest diagonal

14         line through the aforesaid Section 7);

15

16         Thence south 89° 21' west along a line parallel

17         to and 75 feet north of the section line

18         between Section 1 and Section 12, Township 44

19         South, Range 35 East, a distance of 5,227 feet,

20         more or less, to a point whence the corner of

21         Sections 1, 2, 11, and 12, Township 44 South,

22         Range 35 East, bears 45° 00' west 105.8 feet

23         distant;

24

25         Thence north 0° 03' east on a line parallel to

26         and 75 feet east of the section line between

27         Section 1 and Section 2, a distance of 5,205

28         feet, more or less, to a point on the township

29         line between Section 1 and Section 36, whence

30         the corner of Sections 1 and 2, Township 44

31         South, Range 35 East, and Sections 35 and 36,

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  1         Township 43 South, Range 35 East, bears south

  2         89° 21' west 75 feet distant;

  3

  4         Thence north 0° 03' east 310 feet, more or

  5         less, to a point 100 feet south from the center

  6         line of the lake shore levee as located on the

  7         ground by the Everglades Drainage District;

  8

  9         (The above-described boundaries are in common

10         with the boundaries of the South Florida

11         Conservancy District);

12

13         Thence north 0° 03' east 309 feet, more or

14         less, to a point being the intersection with

15         the South boundary of the United States

16         Engineer War Department's Lake Okeechobee Levee

17         right-of-way;

18

19         Thence along the south boundary of the

20         aforesaid Federal Levee right-of-way, more

21         particularly described as follows:

22

23         (a)  North 88° 44' east, a distance of 5,229

24         feet, more or less, to a point being on the

25         range line between Sections 31 and 36, Township

26         43 South, Ranges 35 and 36 East;

27

28         (b)  Thence north 88° 44' east, a distance of

29         2,222 feet, more or less, to a point;

30

31

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  1         (c)  Thence south 63° 03' east, a distance of

  2         1,428 feet, more or less, to a point being on

  3         the township line between Section 31 and

  4         Section 6, Townships 43 and 44 South, Range 36

  5         East;

  6

  7         (d)  Thence south 62° 54' east, a distance of

  8         2,022 feet, more or less, to a point being on

  9         the section line between Section 5 and Section

10         6, Township 44 South, Range 36 East;

11

12         (e)  Thence south 58° 52' east, a distance of

13         6,115 feet, more or less, to a point being on

14         the section line between Sections 4 and 5,

15         Township 44 South, Range 36 East;

16

17         (f)  Thence south 58° 52' east, a distance of

18         1,820 feet, more or less, to a point;

19

20         (g)  Thence south 76° 25' east, a distance of

21         881 feet, more or less, to a point on the

22         section line between Section 4 and Section 9,

23         Township 44 South, Range 36 East;

24

25         (h)  Thence south 76° 25' east, a distance of

26         1,904 feet, more or less, to a point;

27

28         (i)  Thence south 86° 45' east, a distance of

29         1,034 feet, more or less, to a point on the

30         Section line between Section 9 and 10, Township

31         44 South, Range 36 East;

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  1

  2         (j)  Thence south 86° 45' east, a distance of

  3         2,603.3 feet, more or less, to a point, being

  4         the intersection of the south boundary of the

  5         Federal Levee right-of-way with the South

  6         boundary of the Everglades Drainage District's

  7         Lake Okeechobee Levee;

  8

  9         (The above-described boundaries are in common

10         with the South Shore Drainage District Plan of

11         Reclamation dated July 1, 1935)

12

13         (a)  Thence N36° 17' 25"E (new basis of

14         bearing) along the southeasterly right-of-way

15         of the L-D2, Hoover Dike a distance of 800

16         feet, more or less, to the north line of

17         Section 10, Township 44 South, Range 36 East;

18

19         (b)  Thence N36° 17' 25"E along said Dike

20         right-of-way a distance of 3,253 feet;

21

22         (c)  Thence S54° 58' 55"E a distance of 4,531

23         feet to the West right-of-way of the North New

24         River Canal;

25

26         (d)  Thence south along said North New River

27         Canal right-of-way a distance of 5,284 feet,

28         more or less, to the north line of Section 14,

29         Township 44 South, Range 36 East;

30

31

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  1         (e)  Thence south along said west North New

  2         River Canal right-of-way, a distance of 2,641

  3         feet, more or less, to a point on the east and

  4         west half-section line of Section 14, Township

  5         44 South, Range 36 East, being the Point of

  6         Beginning.

  7

  8         Section 3.  The governing Board of South Shore Drainage

  9  District shall be designated "Board of Supervisors of South

10  Shore Drainage District" and shall be composed of three

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

12  Florida. The members of said Board of Supervisors shall each

13  receive compensation as provided for in chapter 298, Florida

14  Statutes, and shall be reimbursed for all expenses actually

15  incurred by them in the performance of their duties as such

16  Supervisors.

17         Section 4.  A meeting of the landowners of said

18  District shall be held during the month of March each year for

19  the purpose of electing Supervisors of said District and

20  transacting such other business as may properly come before

21  the meeting.  At any landowners' meetings, those owners of

22  lands in the district present in person or voting by proxy

23  shall constitute a quorum.

24         Section 5.  The State of Florida hereby grants unto

25  said District the necessary lands, easements, rights-of-way,

26  riparian rights, restrictions, and reservations to lands that

27  may be vested in the State or in the State Board of Education

28  or the Board of Trustees of the Internal Improvement Trust

29  Fund and property rights therein of every description required

30  for the public purposes and powers of said Board.

31

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  1         Section 6.  In addition to the powers set forth herein

  2  and as otherwise provided by law, the Board of Supervisors is

  3  also authorized and empowered to enter into arrangements with

  4  other drainage or water management districts for the pooling

  5  of insurance coverage, purchase, rental, and use of equipment,

  6  buildings, and facilities and for services of employees of the

  7  District.

  8         Section 7.  The Board of Supervisors shall have the

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

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

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

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

13  Supervisors. The Board may require the General Manager to

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

15  the Board may by resolution determine.

16         Section 8.  (1)  The lands within said District held by

17  the Trustees of the Internal Improvement Trust Fund of the

18  State of Florida shall be subject to the taxes hereby imposed

19  and said Trustees, in furtherance of the trust upon which said

20  lands are held, are hereby authorized and directed to pay the

21  same out of the moneys in their possession.

22         (2)  To maintain and preserve the ditches, drains, or

23  other improvements of the District and to repair and restore

24  the same, when needed, and for the purpose of defraying the

25  current expenses of the District, the Board of Supervisors may

26  levy annually a per acre tax not to exceed $40 per acre per

27  annum upon each tract or parcel of land within the District,

28  to be known as a "maintenance tax."  The Supervisors shall

29  have the power to designate maintenance areas within the

30  District, and to levy variable maintenance tax rates

31  apportioned upon the basis of benefits received by lands

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  1  within the maintenance areas to provide for special and

  2  additional services to any particular area in the District

  3  which may require such special or additional services as a

  4  result of the use of the land in the area.

  5         (3)  In levying and assessing all taxes, each tract or

  6  parcel of land less than one acre in area shall be assessed as

  7  a full acre, and each tract or parcel of land more than one

  8  acre in area which contains a fraction of an acre shall be

  9  assessed at the nearest whole number of acres, a fraction of

10  one-half or more to be assessed as a full acre.

11         Section 9.  (1)  The Water Control Plan of Reclamation

12  for South Shore Drainage District heretofore established is

13  amended and, as amended, is adopted for the District and

14  established as herein stated. The existing drainage facilities

15  and drainage system within the territorial boundaries of the

16  District will be utilized under the amended Water Control Plan

17  of Reclamation, including levees, canals, channels, laterals,

18  pumping plants, and other structures.

19         (2)  The pump station building, equipment, and canal

20  systems serving the additional lands shall be deemed to be a

21  part of the District's amended Water Control Plan of

22  Reclamation, which will be effective upon the transfer of the

23  aforementioned facilities to the District by the Owner.

24         Section 10.  It is hereby ascertained that all lands

25  within the boundaries of the District shall be equally

26  benefited from the water management works, facilities, and

27  improvements as constructed and maintained under the amended

28  Water Control Plan of Reclamation and pursuant to the

29  provisions of this act; and, therefore, all said lands in the

30  District shall be assessed equally, by reason of the operation

31

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  1  and maintenance of the District's works, facilities, and

  2  improvements pursuant to the provisions of this act.

  3         Section 11.  All other acts and proceedings of the

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

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

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

  7  Commissioners, and all other officers and agents of said

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

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

10  assessments which have been made by the said Board of

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

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

13  ratified, validated, and confirmed.

14         Section 4.  Chapter 11138, Laws of Florida, chapter

15  12272, Laws of Florida, 1927; chapter 13803, Laws of Florida,

16  1929; chapter 17259, Laws of Florida, 1935; chapter 22992,

17  Laws of Florida, 1945; chapter 57435, Laws of Florida, 1957;

18  and chapters 71-819, 77-622, and 99-424, Laws of Florida, are

19  repealed.

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

21  provisions of this Act or the application of such sections or

22  provisions to any situation, circumstances, or person shall

23  for any reason be held to be unconstitutional, such

24  unconstitutionality shall not affect any other sections or

25  provisions of this Act or the application of such sections or

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

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

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

29  herein for any unconstitutional application.

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

31  law.

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