House Bill 1837er
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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. It is the intent of the Legislature in enacting this
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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 11138, Laws of Florida, 1925, as
9 amended, is codified, reenacted, amended, and repealed as
10 herein provided.
11 Section 3. Pursuant to s. 189.404(3), Florida
12 Statutes, the South Shore Drainage District is re-created and
13 the charter for such district is re-created and reenacted to
14 read:
15 Section 1. (1) The South Shore Drainage District is
16 organized and exists for all purposes set forth in this act
17 and chapter 298, Florida Statutes, as they may be amended from
18 time to time, so far as not inconsistent with this act.
19 (2) The powers, functions, and duties of the District
20 regarding non-ad valorem assessments, bond issuance, other
21 revenue-raising capabilities, budget preparation and approval,
22 liens and foreclosure of liens, use of tax deeds and tax
23 certificates as appropriate for non-ad valorem assessments,
24 and contractual agreements shall be as set forth in chapters
25 189, 197, and 298, Florida Statutes, this act, or any other
26 applicable general or special law, as they may be amended from
27 time to time.
28 (3) The District's charter may be amended only by
29 special act of the Legislature.
30 (4) In accordance with chapter 298, Florida Statutes,
31 the District is governed by a Board of Supervisors. The
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1 membership and organization of the Board shall be as set forth
2 in this act and chapter 298, Florida Statutes, as they may be
3 amended from time to time.
4 (5) The compensation of Board members shall be
5 governed by this act and chapter 298, Florida Statutes, as
6 they may be amended from time to time.
7 (6) The administrative duties of the Board shall be as
8 set forth in this act and chapter 298, Florida Statutes, as
9 they may be amended from time to time.
10 (7) Requirements for financial disclosure, meeting
11 notices, reporting, public records maintenance, and per diem
12 expenses for officers and employees shall be as set forth in
13 chapters 112, 189, 286, and 298, Florida Statutes, as they may
14 be amended from time to time.
15 (8) The procedures and requirements governing the
16 issuance of bonds, notes, and other evidence of indebtedness
17 by the District shall be as set forth in chapters 189 and 298,
18 Florida Statutes, and applicable general laws, as they may be
19 amended from time to time.
20 (9) The procedures for conducting District elections
21 and for qualification of electors shall be pursuant to
22 chapters 189 and 298, Florida Statutes, and applicable general
23 laws as they may be amended from time to time.
24 (10) The District may be financed by any method
25 established in this act, chapters 189 and 298, Florida
26 Statutes, or any applicable general laws, as they may be
27 amended from time to time.
28 (11) In accordance with chapter 298, Florida Statutes,
29 the District may continue to levy upon all of the real taxable
30 property in the District a special tax each year as
31 maintenance tax.
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1 (12) 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 (13) 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 (14) The geographic boundary limitations are as set
9 forth in section 2.
10 Section 2. That for the purpose of reclaiming and
11 draining the lands hereinafter described and improving said
12 lands by means of the construction of canals and ditches and
13 making said lands available and habitable, and for the
14 maintenance thereof, and authorizing the cutting and
15 construction of canals, ditches, dikes, and reservoirs for the
16 benefit of said lands, and protecting the same from the effect
17 of excess water, and making them available for agricultural
18 and sanitary purposes, and for the public convenience and
19 welfare and for public utility and benefit, a drainage and
20 water control district is hereby established and declared to
21 exist, to be known and designated as South Shore Drainage
22 District, the territorial boundaries of which shall be as
23 follows:
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25 Commencing at a point being the intersection of
26 the west right-of-way line of the Everglades
27 Drainage District's North New River Canal with
28 the east and west half section line of Section
29 14, Township 44 South, Range 36 East;
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1 Thence west along the aforesaid half section
2 line of Section 14, 3,722 feet, more or less,
3 to a point whence the quarter corner between
4 Section 14 and Section 15, Township 44 South,
5 Range 36 East, bears west 50 feet distant;
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7 Thence north 0° 7' east along a line parallel
8 to and 50 feet east of the section line between
9 the aforesaid Section 14 and Section 15, a
10 distance of 2,561 feet, more or less, to a
11 point being the intersection with the South
12 boundary of Florida East Coast Railway
13 right-of-way, said point lying 50 feet east,
14 and 81.6 feet south of the section corner
15 common to Sections 10, 11, 14 and 15, Township
16 44 South, Range 36 East;
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19 Thence south 89° 57' west along the south
20 boundary of the Florida East Coast Railway
21 right-of-way, a distance of 15,915.8 feet, more
22 or less, through Sections 15, 16, and 17 to a
23 point on the section line between Sections 17
24 and 18, said point lying 94.5 feet south of the
25 section corner common to Sections 7, 8, 17, and
26 18, Township 44 South, Range 36 East;
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28 Thence north 0° 5' east along said section line
29 between Sections 17 and 18 and Sections 7 and 8
30 to a point on the section line between Sections
31 7 and 8, said point being 105.8 feet north of
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1 the section corner common to Sections 7, 8, 17,
2 and 18, Township 44, Range 36 East;
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4 Thence north 45° 00' west diagonally through
5 Section 7, Township 44 South, Range 36 East,
6 7,431 feet, more or less, to a point lying 75
7 feet north and 30 feet east of the section
8 corner common to Sections 1 and 12, Township 44
9 South, Range 35 East, and Sections 6 and 7,
10 Township 44 South, Range 36 east (the
11 above-described line being parallel to and 75
12 feet distant from a true Northwest diagonal
13 line through the aforesaid Section 7);
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15 Thence south 89° 21' west along a line parallel
16 to and 75 feet north of the section line
17 between Section 1 and Section 12, Township 44
18 South, Range 35 East, a distance of 5,227 feet,
19 more or less, to a point whence the corner of
20 Sections 1, 2, 11, and 12, Township 44 South,
21 Range 35 East, bears 45° 00' west 105.8 feet
22 distant;
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24 Thence north 0° 03' east on a line parallel to
25 and 75 feet east of the section line between
26 Section 1 and Section 2, a distance of 5,205
27 feet, more or less, to a point on the township
28 line between Section 1 and Section 36, whence
29 the corner of Sections 1 and 2, Township 44
30 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;
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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;
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9 (The above-described boundaries are in common
10 with the boundaries of the South Florida
11 Conservancy District);
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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;
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19 Thence along the south boundary of the
20 aforesaid Federal Levee right-of-way, more
21 particularly described as follows:
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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;
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28 (b) Thence north 88° 44' east, a distance of
29 2,222 feet, more or less, to a point;
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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;
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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;
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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;
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17 (f) Thence south 58° 52' east, a distance of
18 1,820 feet, more or less, to a point;
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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;
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25 (h) Thence south 76° 25' east, a distance of
26 1,904 feet, more or less, to a point;
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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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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;
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9 (The above-described boundaries are in common
10 with the South Shore Drainage District Plan of
11 Reclamation dated July 1, 1935)
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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;
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19 (b) Thence N36° 17' 25"E along said Dike
20 right-of-way a distance of 3,253 feet;
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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;
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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;
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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.
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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.
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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 for South Shore
12 Drainage District heretofore established is adopted for the
13 District and established as herein stated. The existing
14 drainage facilities and drainage system within the territorial
15 boundaries of the District will be utilized under the Water
16 Control Plan including levees, canals, channels, laterals,
17 pumping plants, and other structures.
18 (2) The pump station building, equipment, and canal
19 systems serving the additional lands shall be deemed to be a
20 part of the District's Water Control Plan which will be
21 effective upon the transfer of the aforementioned facilities
22 to the District by the Owner.
23 Section 10. It is hereby ascertained that all lands
24 within the boundaries of the District shall be equally
25 benefited from the water management works, facilities, and
26 improvements as constructed and maintained under the Water
27 Control Plan and pursuant to the provisions of this act; and,
28 therefore, all said lands in the District shall be assessed
29 equally, by reason of the operation and maintenance of the
30 District's works, facilities, and improvements pursuant to the
31 provisions of this act.
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1 Section 11. All other acts and proceedings of the
2 Circuit Court of said Palm Beach County taken by, for, and on
3 behalf of said District since the creation thereof; and all of
4 the acts and proceedings of the Board of Supervisors, the
5 Commissioners, and all other officers and agents of said
6 District, and of said Palm Beach County, acting for and on
7 behalf of said District and any and all tax levies and
8 assessments which have been made by the said Board of
9 Supervisors for and on behalf of said District, are each and
10 every one of them, and each and every part thereof, hereby
11 ratified, validated, and confirmed.
12 Section 4. Chapter 11138, Laws of Florida, chapter
13 12272, Laws of Florida, 1927; chapter 13803, Laws of Florida,
14 1929; chapter 17259, Laws of Florida, 1935; chapter 22992,
15 Laws of Florida, 1945; chapter 57435, Laws of Florida, 1957;
16 and chapters 71-819, 77-622, and 99-424, Laws of Florida, are
17 repealed.
18 Section 5. In any case one or more of the sections or
19 provisions of this Act or the application of such sections or
20 provisions to any situation, circumstances, or person shall
21 for any reason be held to be unconstitutional, such
22 unconstitutionality shall not affect any other sections or
23 provisions of this Act or the application of such sections or
24 provisions to any other situation, circumstances, or person,
25 and it is intended that this law shall be construed and
26 applied as if such section or provision had not been included
27 herein for any unconstitutional application.
28 Section 6. This act shall take effect upon becoming a
29 law.
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