Senate Bill sb2662

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    Florida Senate - 2000        (NP)                      SB 2662

    By Senator Geller





    29-1743-00                                         See HB 1683

  1                      A bill to be entitled

  2         An act relating to the Collins Slough Water

  3         Control District, Hendry County; providing for

  4         codification of special laws relating to the

  5         Collins Slough Water Control District, a

  6         special tax district of the State of Florida

  7         composed of the County of Hendry; providing

  8         legislative intent; codifying and reenacting

  9         chapter 86-393, Laws of Florida; providing for

10         minimum charter requirements; providing for

11         repeal of all prior special acts related to the

12         Collins Slough Water Control District;

13         providing an effective date.

14

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

16

17         Section 1.  Intent.--Pursuant to section 189.429,

18  Florida Statutes, this act constitutes the codification of all

19  special acts relating to the Collins Slough Water Control

20  District, an independent special district and political

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

22  Legislature in enacting this law to provide a single,

23  comprehensive special act charter for the District, including

24  all current legislative authority granted to the District by

25  its several legislative enactments and any additional

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

27  this act to preserve all District authority.

28         Section 2.  Codification.--Chapter 86-393, Laws of

29  Florida, relating to the Collins Slough Water Control District

30  of Florida, is codified, reenacted, amended, and repealed as

31  herein provided.

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1         Section 3.  The Collins Slough Water Control District

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

  3  and reenacted to read:

  4         Section 1.  (1)  The District is organized and exists

  5  for all purposes set forth in this act and chapter 298,

  6  Florida Statutes, as they may be amended from time to time.

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

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

  9  revenue-raising capabilities, budget preparation and approval,

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

11  certificates as appropriate for non-ad valorem assessments,

12  and contractual agreements shall be as set forth in chapters

13  189, 197, and 298, Florida Statutes, this act, or any other

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

15  time to time.

16         (3)  The District was created by chapter 86-393, Laws

17  of Florida, a special legislative act.

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

19  special act of the Legislature.

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

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

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

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

24  amended from time to time.

25         (6)  The compensation of Board members shall be

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

27  they may be amended from time to time.

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

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

30  they may be amended from time to time.

31

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1         (8)  Requirements for financial disclosure, meeting

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

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

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

  5  be amended from time to time.

  6         (9)  The procedures and requirements governing the

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

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

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

10  amended from time to time.

11         (10)  The procedures for conducting District elections

12  and for qualification of electors shall be pursuant to

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

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

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

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

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

18  amended from time to time.

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

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

21  property in the District a special tax each year as

22  maintenance tax.

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

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

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

26  from time to time.

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

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

29  may be amended from time to time.

30         (15)  All acts and proceedings done and performed by

31  the Board of Supervisors, agents, and officers of the

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  District, acting for and on behalf of the District, are and

  2  each of them is, hereby ratified, validated, confirmed, and

  3  declared to be legal, valid, and binding.

  4         (16)  The geographic boundary limitations are as set

  5  forth in section 2.

  6         Section 2.  District creation and boundaries.--For the

  7  purposes of comprehensive water management and control and

  8  developing the land hereinafter described and managing said

  9  lands and water by means of the construction and maintenance

10  of canals, ditches, levees, dikes, pumping plants, and other

11  water control works and improvements, and for the purpose of

12  making the lands within said District available and habitable

13  for settlement and agriculture, and the public convenience,

14  welfare, utility, and benefit, and for the other purposes

15  stated in this act, a water control District is hereby created

16  and established in Hendry County, Florida, to be known as the

17  Collins Slough Water Control District, the territorial

18  boundaries of which shall be as follows, to wit:

19

20         All of Sections 1, 2, 3, 10, 11, 12, 13, 14,

21         and 15, Township 44 South, Range 30 East,

22         Hendry County, Florida.

23

24         All of Sections 4, 5, 6, 7, 8, 9, 16, 17, 18,

25         20, 21, 28, 29, 32, and 33, Township 44 South,

26         Range 31 East, Hendry County, Florida.

27

28         Consisting of 15,360 acres more or less.

29

30  It is hereby determined, declared, and enacted that said lands

31  in their present condition require comprehensive water control

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  and management for proper agricultural use, and that water

  2  control for the purpose of irrigation, reclamation, and flood

  3  protection of said lands, making said lands available for

  4  agricultural and settlement purposes, and the creation of the

  5  District with the power vested in it by this act, is in the

  6  interest of and conducive to public welfare, health, and

  7  convenience.

  8         Section 3.  Provisions of other laws made

  9  applicable.--The Collins Slough Water Control District hereby

10  created shall be a public corporation of this state.  The

11  provisions of Florida law applicable to water control

12  districts or subdistricts which are embodied in chapter 298,

13  Florida Statutes, and all of the laws amendatory thereof, now

14  existing or hereafter enacted, so far as not inconsistent with

15  this act, are hereby declared to be applicable to the Collins

16  Slough Water Control District.  The Collins Slough Water

17  Control District shall have all of the powers and authorities

18  conferred by chapter 298, Florida Statutes, and acts

19  amendatory thereof, except as herein otherwise provided.

20         Section 4.  Powers of the District.--The District shall

21  have the power to sue and be sued in its name in any court of

22  law or in equity, to make contracts, to adopt and use a

23  corporate seal and to alter the same at pleasure; to acquire

24  by purchase, gift, or condemnation real and personal property,

25  either or both, within or without the District, and to convey

26  and dispose of such real and personal property, either or

27  both, as may be necessary or convenient to carry out the

28  purposes, or any of the purposes, of this act, and chapter

29  298, Florida Statutes; to construct, operate, and maintain

30  canals, ditches, drains, levees, and other works for water

31  control purposes; to acquire, purchase, operate, and maintain

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  pumps, plants, and pumping systems for water control purposes;

  2  to construct, operate, and maintain irrigation works,

  3  machinery, and plants; to borrow money and issue negotiable or

  4  other bonds of the District as hereinafter provided; to borrow

  5  money, from time to time, and issue negotiable or other notes

  6  of the District therefor, in anticipation of the collection of

  7  taxes, levies, and assessments or revenues of the District,

  8  and to pledge or hypothecate such taxes, levies, assessments,

  9  and revenues to secure such bonds, notes, or obligations, and

10  to sell, discount, negotiate, and dispose of the same; and to

11  exercise all other powers necessary, convenient, or proper in

12  connection with any of the powers or duties of the District

13  stated in this act. The powers and duties of the District

14  shall be exercised by and through the Board of Supervisors

15  thereof, which Board shall have the authority to employ

16  engineers, attorneys, agents, employees, and representatives

17  as the Board of Supervisors may from time to time determine,

18  and to fix their compensation and duties. In addition, the

19  District shall have all of the powers provided for in chapter

20  298, Florida Statutes.

21         Section 5.  Board of Supervisors; appointment of first

22  Board; organization, powers, duties, and terms of

23  office.--There is created a Board of Supervisors of Collins

24  Slough Water Control District, which shall be the governing

25  body of the District. The Board of Supervisors shall consist

26  of three persons, who, except as herein otherwise provided,

27  shall hold office for a term of 3 years and until their

28  successors shall be duly elected and qualified. Each year

29  during the month of June, a Supervisor shall be elected, as

30  hereinafter provided, by the landowners of said District to

31  take the place of the retiring Supervisor.  All vacancies or

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  expirations on the Board shall be filled as required by this

  2  act.  The Supervisors of the Collins Slough Water Control

  3  District need not be residents of the District or of the State

  4  of Florida, and they may or may not be owners of lands or

  5  property within the District. In case of a vacancy in the

  6  office of any Supervisor, the remaining Supervisors may fill

  7  such vacancy until the next annual meeting of the landowners,

  8  when his or her successor shall be elected by the landowners

  9  for the unexpired term.  As soon as practicable after their

10  election, the Board of Supervisors of the District shall

11  organize by choosing one of their number President of the

12  Board of Supervisors and by electing some suitable person

13  Secretary, who may or may not be a member of the Board. The

14  Board of Supervisors shall adopt a seal which shall be the

15  seal of the District.  At each annual meeting of the

16  landowners of the District, the Board of Supervisors shall

17  report all work undertaken or completed during the preceding

18  year and the financial status of the District. All Supervisors

19  shall hold office until their successors shall be elected and

20  qualified. Whenever any election is authorized or required by

21  this act to be held by the landowners at any particular or

22  stated time or day, and if for any reason such election shall

23  not or cannot be held at such time or on such day, then in

24  such event and in all and every such event, the power or duty

25  to hold such election shall not cease or lapse, but such

26  election shall be held thereafter as soon as practicable and

27  consistent with this act.

28         Section 6.  Compensation of Board.--Each Supervisor

29  shall be paid a per diem for his or her services, in an amount

30  to be determined by the landowners at the annual landowners'

31  meeting, for each day actually engaged in work pertaining to

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  the District. The amount shall not exceed that provided for by

  2  chapter 298, Florida Statutes, and amendments thereto, except

  3  that, in addition to per diem, they shall receive

  4  reimbursement for travel and expenses as provided by law.

  5         Section 7.  Meetings of landowners; election of

  6  Supervisors.--Each year during the month of June, a meeting of

  7  the landowners of said District shall be held for the purpose

  8  of electing a Supervisor to take the place of the retiring

  9  Supervisor and of hearing reports of the Board of Supervisors.

10  The Board of Supervisors shall have the power to call special

11  meetings of the landowners at any time to receive reports of

12  the Board of Supervisors or consider and act upon any matter

13  upon which the Board of Supervisors may require advice. Notice

14  of all meetings of the landowners shall be given by the Board

15  of Supervisors pursuant to chapters 189 and 298, Florida

16  Statutes. The landowners, when assembled for the annual

17  landowners' meeting, shall organize by electing a chair who

18  shall preside at the meeting. The Secretary of the Board of

19  Supervisors shall be the Secretary of such meeting. At all

20  such annual landowners' meetings, each and every acre of land

21  in the District shall represent one vote, and each owner shall

22  be entitled to one vote in person or by written proxy for

23  every acre of land owned by him or her in the District. The

24  person receiving the highest number of votes for Supervisor

25  shall be declared and elected as such Supervisor. At any

26  landowners' meeting, a quorum shall constitute those

27  landowners present in person or by proxy. Guardians may

28  represent their wards; personal representatives may represent

29  the estates of deceased persons; trustees may represent lands

30  held by them in trust; and private corporations may be

31  represented by their officers or duly authorized agents.

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  Guardians, personal representatives, trustees, and

  2  corporations may vote by proxy.

  3         Section 8.  Taxes levied and apportioned, and the

  4  collection thereof.--

  5         (1)  INSTALLMENT TAXES.--Taxes shall be levied and

  6  apportioned as provided by chapter 298, Florida Statutes, and

  7  amendments thereto.

  8         (2)  MAINTENANCE TAX.--To maintain and preserve

  9  improvements made pursuant to this chapter and to repair and

10  restore the same, and for the purpose of defraying the current

11  expenses of the District, the Board of Supervisors may,

12  pursuant to chapter 298, Florida Statutes, upon the completion

13  of said improvements, in whole or in part as may be certified

14  to the said Board by the Chief Engineer, levy annually a tax

15  upon each tract or parcel of land within the District, to be

16  known as a "maintenance tax." Said maintenance tax shall be

17  apportioned upon the basis of the net assessments of benefits

18  assessed or accruing for original construction.

19         (3)  TAXES AND COSTS A LIEN ON LAND AGAINST WHICH TAXES

20  LEVIED.--All taxes provided for in this chapter, together with

21  all penalties for default in payment of the same and all costs

22  in collecting the same, shall, from the date of assessment

23  thereof until paid, constitute a lien of equal dignity with

24  the liens for County taxes, and other taxes of equal dignity

25  with County taxes, upon all the lands against which such taxes

26  shall be levied as is provided in this chapter.

27         (4)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR,

28  AND CLERK OF THE CIRCUIT COURT.--The offices of the Property

29  Appraiser, Tax Collector, and Clerk of the Circuit Court of

30  Hendry County shall be entitled to compensation of services

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  performed in connection with taxes of said District as

  2  provided by chapter 298, Florida Statutes.

  3         (5)  LEVIES OF TAXES ON LAND LESS THAN ONE ACRE.--In

  4  levying and assessing all taxes, each tract or parcel of land

  5  less than 1 acre in area shall be assessed as a full acre, and

  6  each tract or parcel of land more than 1 acre in area which

  7  contains a fraction of an acre shall be assessed at the

  8  nearest whole number of acres, a fraction of one-half or more

  9  to be assessed as a full acre.

10         Section 9.  When unpaid taxes delinquent; penalty.--All

11  taxes provided for in this act shall be and become delinquent

12  and bear penalties on the amount of said taxes in the same

13  manner as County taxes.

14         Section 10.  Enforcement of taxes.--The collection and

15  enforcement of all taxes levied by the District shall be at

16  the same time and in like manner as County taxes, and the

17  provisions of the Florida Statutes relating to the sale of

18  lands for unpaid and delinquent County taxes, the issuance,

19  sale, and delivery of tax certificates for such unpaid and

20  delinquent County taxes, the redemption thereof, the issuance

21  to individuals of tax deeds based thereon, and all other

22  procedures in connection therewith, shall be applicable to the

23  District and the delinquent and unpaid taxes of the District

24  to the same extent as if said statutory provisions were

25  expressly set forth in this act.  All taxes shall be subject

26  to the same discounts as County taxes.

27         Section 11.  Uniform acreage tax for payment of

28  expenses.--There is hereby levied by the Legislature of the

29  State of Florida upon each and every acre of land within the

30  Collins Slough Water Control District, as defined in this act,

31  a uniform tax to be used by the District, through its Board of

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  Supervisors, for the purpose of paying expenses incurred or to

  2  be incurred in making surveys of the lands in the District and

  3  assessing benefits and damages, and other expenses necessarily

  4  incurred, as may be estimated or determined by the Board of

  5  Supervisors, before the Board of Supervisors shall have funds

  6  under the subsequent provisions of this act.  The tax shall

  7  become due and payable on the first day of November, and shall

  8  become delinquent 90 days thereafter. The tax shall be a lien

  9  upon the lands in the District from the date of the enactment

10  of this act and shall be collected in the same manner as the

11  annual installment of taxes. If it shall appear to the Board

12  of Supervisors to be necessary to obtain funds to pay any

13  expenses incurred or to be incurred in organizing the

14  District, making said surveys, creation of a unit, or

15  preparing the water control plan, or any other expenses of the

16  conduct and operation of the District before a sufficient sum

17  can be obtained by the collection of the acreage tax levied by

18  this section, the Board of Supervisors may borrow a sufficient

19  sum of money for any said purposes and may issue negotiable

20  notes or bonds therefor signed by the members of said Board of

21  Supervisors, and may pledge any and all assessments of said

22  acreage tax levied under the provisions of this section for

23  the repayment thereof. The Board of Supervisors may issue

24  negotiable evidence of debt to any person or persons

25  performing work or services or furnishing anything of value in

26  the organization of the District or making surveys of the same

27  and assessing benefits or damages or preparing said water

28  control plan and for any other expenses necessarily incurred

29  before the receipt of funds arising from assessments or

30  benefits.

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1         Section 12.  Bonds may be issued under the provisions

  2  of chapter 298, Florida Statutes.--The Board of Supervisors

  3  may, if in their judgment it seems best, issue bonds under the

  4  provisions of chapter 298, Florida Statutes, bearing interest

  5  from date, after determining any discount thereon, payable

  6  annually or semiannually.

  7         Section 13.  Water control for public benefit.--It is

  8  hereby declared that in said District, surface waters, which

  9  shall include rainfall and the overflow of rivers and streams,

10  shall be managed for a public benefit, and the District and

11  any individual or agency holding a permit to do so from the

12  District shall have the right to dike, dam, and construct

13  levees to manage waters within the District.

14         Section 14.  Unit development; powers of supervisors to

15  designate units of District and adopt system of progressive

16  drainage by units; water control plan and financing

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

18  Collins Slough Water Control District shall have the power and

19  is hereby authorized in its discretion to manage water within

20  the District by designating areas or parts of said District to

21  be called "units."  The units into which said District may be

22  so divided shall be given appropriate numbers or names by the

23  Board of Supervisors so that the units may be readily

24  identified and distinguished. The Board of Supervisors shall

25  have the power to fix and determine the location, area, and

26  boundaries of, and lands to be included in, each and all such

27  units, the order of development thereof, and the method of

28  carrying on the work in each unit. The unit system of water

29  control provided by this section and this act authorized in

30  respect to such unit or units may be carried on and conducted,

31  at the same time as or after implementation of the District

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  water control plan. If the Board of Supervisors shall

  2  determine it is advisable to implement the District water

  3  control plan by units, as authorized by this section, the

  4  Board shall, by resolution duly adopted and entered upon its

  5  minutes, declare its purpose to conduct such work accordingly,

  6  and shall at the same time and manner fix the number,

  7  location, and boundaries of and description of lands within

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

  9  The Board of Supervisors may adopt a water control plan for

10  and in respect to any or all such units, and to have the

11  benefits and damages resulting therefrom assessed and

12  apportioned by the District engineer, and the engineer's

13  report considered and confirmed, all in like manner as is

14  provided by law in regard to water control plan for and

15  assessments of benefits and damages of the entire District.

16  With respect to the water control plan, notices, engineer's

17  report and notice and confirmation thereof, the levy of

18  assessments and taxes, including maintenance taxes and the

19  issuance of bonds, and all other proceedings as to each and

20  all of such units, said Board shall follow and comply with the

21  same procedure as is provided by law with respect to the

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

23  water management and control within all of such units, and the

24  enumeration of or reference to specific powers or duties of

25  the Supervisors, or any other officers or other matters in

26  this act as hereinabove set forth, shall not limit or restrict

27  the application of any and all of the proceedings and powers

28  herein to such units. All assessments, levies, taxes, bonds,

29  and other obligations made, levied, assessed, or issued for or

30  in respect to any such unit or units shall be a lien and

31  charge solely and only upon the lands in such unit or units,

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  respectively, for the benefit of which the same shall be

  2  levied, made, or issued, and not upon the remaining units or

  3  lands in said District. The Board of Supervisors may at any

  4  time amend its resolutions by changing the location and

  5  description of lands in any such unit or units; and provided,

  6  further, that if the location of or description of lands

  7  located in any such unit or units is so changed, proceedings

  8  shall be had and done in that regard as are provided in this

  9  section for the original creation of such unit or units,

10  provided, however, no lands against which benefits shall have

11  been assessed may be detached from any such unit after the

12  confirmation of the engineer's report of benefits in such unit

13  or units or the issuance of bonds or other obligations which

14  are payable from taxes or assessments for benefits levied upon

15  the land within such unit or units. Provided, however, that

16  if, after the confirmation of the engineer's report of

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

18  other obligations which are payable from taxes or assessments

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

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

21  unit or units insufficient or inadequate for efficient

22  development, the water control plan may be amended or changed

23  as provided in chapter 298, Florida Statutes, and the unit or

24  units may be amended or changed as provided in this section by

25  changing the location and description of lands in any such

26  unit or units, by detaching lands therefrom, or by adding

27  lands thereto; provided that in such event all assessments,

28  levies, taxes, bonds, and other obligations made, levied,

29  assessed, incurred, or issued for or in respect to any such

30  unit or units may be allocated and apportioned to the amended

31  unit or units in proportion to the benefits assessed by the

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    Florida Senate - 2000        (NP)                      SB 2662
    29-1743-00                                         See HB 1683




  1  engineer's report for the amended water control plan, and said

  2  report shall specifically provide for such allocation and

  3  apportionment. However, a change or amendment to a designated

  4  unit is not authorized if it has the effect of impairing a

  5  debt or other obligation of the unit or District.

  6         Section 4.  Repeal of prior special acts.--Chapter

  7  86-393, Laws of Florida, is repealed.

  8         Section 5.  Severability.--If any provision of this act

  9  or the application thereof to any person or circumstance is

10  held invalid, the invalidity shall not affect other provisions

11  or applications of the act which can be given effect without

12  the invalid provision or application, and to this end the

13  provisions of this act are declared severable.

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

15  conflict between the provisions of this act and the provisions

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

17  the extent of such conflict.

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

19  law.

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