House Bill 1841

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    Florida House of Representatives - 2000                HB 1841

        By Representative A. Greene






  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 water control districts

  5         pursuant to s. 189.429, Florida Statutes,

  6         relating to the East Beach Water Control

  7         District, an independent special taxing water

  8         control district in Palm Beach County;

  9         providing legislative intent; codifying,

10         reenacting, and amending chapters 75-469,

11         77-624, 80-568, and 91-365, Laws of Florida;

12         providing status, purpose, and boundaries of

13         the district; providing for amendment of the

14         district charter; providing for a board of

15         supervisors; providing for organization of the

16         board of supervisors; providing powers and

17         duties of the board; specifying methods for

18         assessing and collecting non-ad valorem

19         assessments, fees, and service charges;

20         providing for district planning requirements;

21         specifying requirements for financial

22         disclosure, meeting notices, reporting, public

23         records maintenance, and per diem expenses;

24         providing severability; repealing chapters

25         75-469, 77-624, 80-568, and 91-365, Laws of

26         Florida; providing an effective date.

27

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

29

30         Section 1.  Intent.--Pursuant to s. 189.429, Florida

31  Statutes, this act constitutes the codification of all special

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  1  acts relating to East Beach Water Control District. It is the

  2  intent of the Legislature in enacting this law to provide a

  3  single, comprehensive special act charter for the district,

  4  including all current legislative authority granted to the

  5  district by its several legislative enactments and any

  6  additional authority granted by this act and chapters 189 and

  7  298, Florida Statutes, as amended from time to time.  It is

  8  further the intent of this act to preserve all district

  9  authority as set forth in this act and chapters 189 and 298,

10  Florida Statutes, as amended from time to time.

11         Section 2.  Codification.--Chapters 75-469, 77-624,

12  80-568, and 91-365, Laws of Florida, relating to East Beach

13  Water Control District are codified, reenacted, amended, and

14  repealed as herein provided.

15         Section 3.  The East Beach Water Control District is

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

17  reenacted to read:

18         Section 1.  District status; charter amendments;

19  boundaries.--For the purpose of comprehensive water management

20  and control pursuant to chapter 298, Florida Statutes, as it

21  may be amended from time to time, the East Beach Water Control

22  District, an independent water control district, is hereby

23  declared to exist.  The district is organized and exists for

24  all purposes set forth in this act and chapters 189 and 298,

25  Florida Statutes. The district was created by special act of

26  the Legislature in 1945.  Its charter may be amended only by

27  special act of the Legislature. The boundaries of the district

28  are declared to be as follows:

29

30         Beginning at a point on the east beach of Lake

31         Okeechobee in Palm Beach County, Florida, where

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    Florida House of Representatives - 2000                HB 1841

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  1         the section line dividing Section 4 and Section

  2         9, Township 42 South, Range 37 East, intersects

  3         the (east right of way boundary line of the

  4         Federal Lake Okeechobee Levee).

  5

  6         Thence in a southwesterly direction along the

  7         east right of way boundary of said Federal

  8         Levee to a point where the said right of way

  9         boundary intersects the section line dividing

10         Section 23 and Section 26, Township 42 South,

11         Range 36 East, (and the Everglades Drainage

12         District Levee).

13

14         Thence due east along (the Everglades Drainage

15         District Levee) and the section lines dividing

16         Sections 23 and 26 and Sections 24 and 25,

17         Township 42 South, Range 36 East, to a point of

18         intersection with the east shore of Pelican Bay

19         (being a point of the Everglades Drainage

20         District Levee).

21

22         Thence southerly along the said shore line of

23         Pelican Bay (and the Everglades Drainage

24         District Levee) to a point of intersection with

25         the township line dividing Township 42 South

26         and Township 43 South and (the East Shore Water

27         Control District Levee).

28

29         Thence east along the said Township line (and

30         Levee separating the East Shore Water Control

31         District) to a point being the intersection

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  1         with the section line dividing Section 32 and

  2         Section 33, Township 42 South, Range 37 East

  3         (and the Levee separating the East Unit of the

  4         Pahokee Water Control District).

  5

  6         Thence North along (the levee separating the

  7         East Unit of the Pahokee Water Control District

  8         and) the section lines dividing Sections 32 and

  9         33, Sections 29 and 28 and Sections 20 and 21

10         of Township 42 South, Range 37 East to a point

11         of being the Northeast corner of Section 20.

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13         Thence East along (the said East Unit

14         separation levee and) the section line dividing

15         Section 16 and 21, same Township and Range, to

16         a point being the Southeast corner of said

17         Section 16.

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19         Thence North along (the said East Unit

20         separation levee and) the section line dividing

21         Section 16 and 15, same Township and Range, to

22         a point being the northeast corner of said

23         Section 16.

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25         Thence go East along the South line of the

26         District C-4 canal levee as now laid out and in

27         use across Sections 10, 11 and 12, Township 42

28         South, Range 37 East, to the Southwesterly

29         right of way line of the West Palm Beach Canal;

30         Thence go Northwesterly along the Southwesterly

31         right of way line of the West Palm Beach Canal

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  1         to the North line of the District C-4 canal

  2         levee as now laid out and in use; Thence go

  3         West along the North line of the District C-4

  4         canal levee as now laid out and in use across

  5         Sections 12, 11, and 10, Township 42 South,

  6         Range 37 East to point of intersection with the

  7         Northeasterly line of the District levee as now

  8         laid out and in use running along the East line

  9         of State Lot 1, Section 10, Township 42 South,

10         Range 37 East, of the Plat of the Trustees of

11         the Internal Improvement Fund Subdivision of

12         that Part of Pelican Lake Bottom Lying East of

13         the Florida East Coast Railway as approved on

14         November 9, 1932, a copy of which is attached

15         to a deed recorded in the Public Records of

16         Palm Beach County, Florida, in Deed Book 821,

17         Page 369; Thence go Northwesterly along the

18         said North line of said levee and being the

19         East line of said State Lot 1, Section 10 to a

20         point of intersection with the East line of

21         Section 9, Township 42 South, Range 37 East.

22

23         Thence North along (the levee separating the

24         Pelican Lake Water Control District and) the

25         section line dividing Section 9 and 10, same

26         Township and Range, to a point being the

27         Northeast corner of said Section 9.

28

29         Thence West along (the said Pelican Lake

30         separation levee and the section line dividing

31

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  1         Section 4 and Section 9, Township 42 South,

  2         Range 37 East, to a point of beginning.

  3

  4         Section 2.  Minimum charter requirements; Board of

  5  Supervisors; General Manager; powers and duties.--

  6         (1)  The governing body of East Beach Water Control

  7  District shall be known as the Board of Supervisors of East

  8  Beach Water Control District, with the powers, duties,

  9  privileges, and functions as set forth in this act and

10  chapters 189 and 298, Florida Statutes, and shall consist of

11  three (3) members who are residents of the State of Florida

12  and citizens of the United States.  Each Supervisor shall be

13  entitled to receive compensation pursuant to chapter 298,

14  Florida Statutes, and per diem in accordance with general law

15  for public officials.

16         (2)  The Board of Supervisors shall have the power to

17  employ a person to be designated General Manager of the

18  District and to vest in him or her such authority and to

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

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

21  Supervisors. The Board may require the General Manager to

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

23  the Board may by resolution determine. The Board may provide

24  by resolution that the General Manager and the Secretary may

25  be one and the same person.

26         (3)  The district shall have and the board may exercise

27  all the powers and duties set forth in this act and chapter

28  298, Florida Statutes, as they may be amended from time to

29  time.

30         (4)  The district shall also hold all powers,

31  functions, and duties set forth in this act and chapters 189,

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  1  197, and 298, Florida Statutes, as amended from time to time,

  2  including, but not limited to, ad valorem taxation, bond

  3  issuance, other revenue-raising capabilities, budget

  4  preparation and approval, liens and foreclosure of liens, use

  5  of tax deeds and tax certificates as appropriate for non-ad

  6  valorem assessments, and contractual agreements.

  7         (5)  The methods for assessing and collecting non-ad

  8  valorem assessments, fees, or service charges shall be as set

  9  forth in chapters 189, 197, or 298, Florida Statutes, as

10  amended from time to time.

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

12  set forth in this act and chapters 189 and 298, Florida

13  Statutes, as amended from time to time.

14         (7)  The District's geographic boundary limitations

15  shall be as set forth in this act.

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, 119, 189, 286, and 298, Florida Statutes, as

20  amended from time to time.

21         Section 4.  Chapters 75-469, 77-624, 80-568, and

22  91-365, Laws of Florida, are repealed.

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

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

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

26  any reason be held to be unconstitutional, such

27  unconstitutionality shall not affect any other sections or

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

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

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

31

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    Florida House of Representatives - 2000                HB 1841

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

  2  herein for any unconstitutional application.

  3         Section 6.  Effect of conflict.--In the event of a

  4  conflict between the provisions of this act and the provisions

  5  of any other act, the provisions of this act shall control to

  6  the extent of such conflict.

  7         Section 7.  This act shall take effect upon becoming a

  8  law.

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