Senate Bill sb2696

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000        (NP)                      SB 2696

    By Senator Geller





    29-1740-00                                         See HB 1663

  1                      A bill to be entitled

  2         An act relating to the Disston Island

  3         Conservancy District in Hendry and Glades

  4         Counties; providing for codification of special

  5         laws regarding special districts pursuant to

  6         chapter 97-255, Laws of Florida, and chapter

  7         98-320, Laws of Florida, relating to a special

  8         tax district of the State of Florida composed

  9         of the Counties of Hendry and Glades; providing

10         legislative intent, and codifying, amending,

11         and reenacting chapter 9977, Laws of Florida,

12         1923; chapter 14709, Laws of Florida, 1931;

13         chapter 75-383, Laws of Florida; and chapter

14         77-561, Laws of Florida; providing for minimum

15         charter requirements; providing powers,

16         functions, and duties of the District;

17         providing purpose and boundaries of the

18         District; providing for tax assessment for

19         services; providing authority to levy a

20         rehabilitation tax; providing for Supervisor

21         qualifications; providing for a quorum for

22         landowners' meetings; providing for

23         ratification of prior actions; providing for

24         repeal of all prior special acts related to the

25         Disston Island Conservancy District; providing

26         for severability; providing for effect of

27         conflicting laws; providing an effective date.

28

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

30

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1         Section 1.  Pursuant to chapter 97-255, Laws of

  2  Florida, and chapter 98-320, Laws of Florida, this act

  3  constitutes the codification of all special acts relating to

  4  the Disston Island Conservancy District, an independent

  5  special district and political subdivision of the State of

  6  Florida. It is the intent of the Legislature in enacting this

  7  law to provide a single, comprehensive special act charter for

  8  the District, including all current legislative authority

  9  granted to the District by its several legislative enactments

10  and any additional authority granted by this act. It is

11  further the intent of this act to preserve all District

12  authority, including the authority to annually assess and levy

13  against the taxable property in the District.

14         Section 2.  Chapter 9977, Laws of Florida, 1923;

15  chapter 14709, Laws of Florida, 1931; and chapters 75-383 and

16  77-561, Laws of Florida, relating to the Disston Island

17  Conservancy District of Florida, are codified, reenacted,

18  amended, and repealed as herein provided.

19         Section 3.  The Disston Island Conservancy District is

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

21  reenacted to read:

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

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

24  Florida Statutes, as they may be amended from time to time, so

25  far as not inconsistent with this act.

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

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

28  revenue-raising capabilities, budget preparation and approval,

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

30  certificates as appropriate for non-ad valorem assessments,

31  and contractual agreements shall be as set forth in chapters

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1  189, 197, and 298, Florida Statutes, this act, or any other

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

  3  time to time.

  4         (3)  The District was created by chapter 9977, Laws of

  5  Florida, 1923, a special legislative act.

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

  7  special act of the Legislature.

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

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

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

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

12  amended from time to time.

13         (6)  The compensation of Board members shall be

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

15  they may be amended from time to time.

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

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

18  they may be amended from time to time.

19         (8)  Requirements for financial disclosure, meeting

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

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

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

23  be amended from time to time.

24         (9)  The procedures and requirements governing the

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

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

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

28  amended from time to time.

29         (10)  The procedures for conducting District elections

30  and for qualification of electors shall be pursuant to

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




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

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

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

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

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

  6  amended from time to time.

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

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

  9  property in the District a special tax each year as

10  maintenance tax.

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

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

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

14  from time to time.

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

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

17  may be amended from time to time.

18         (15)  The geographic boundary limitations are as set

19  forth in section 2 following.

20         Section 2.  That for the purpose of drainage,

21  irrigation, water control, and reclaiming the land hereinafter

22  described and protecting the same from the effects of water,

23  for agricultural and sanitary purposes, and for public

24  convenience and welfare for public utility and benefit, a

25  drainage and water control district is hereby created and

26  established, to exist and to be known as the Disston Island

27  Conservancy District, the territory boundary of which shall be

28  as follows to wit:

29

30         Beginning at a point of intersection of the

31         landward boundary of the right-of-way of

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1         Central and Southern Florida Flood Control

  2         District LD-3, as recorded in Plat Book 2, page

  3         88 of the public records of Glades County,

  4         Florida and the easterly boundary of the S-77

  5         discharge canal right-of-way as shown on the

  6         Central and Southern Florida Flood Control

  7         District right-of-way map, sheet 5 of 5 of

  8         Drawing C-43-45, said point of intersection

  9         being in fractional Section 12, Township 42,

10         South, Range 32 East as surveyed by the State

11         of Florida March 1918; thence proceeding in a

12         southeasterly direction along the said landward

13         boundary of the right-of-way of LD-3, through

14         said section 12; thence continue along the said

15         landward boundary of the right-of-way of LD-3

16         and LD-1 including all additional right-of-way

17         acquired this date forward through Sections 7,

18         18, 17, 16, 15, 14, 23 and 24 all in Township

19         42 south, Range 33 East; thence through

20         Sections 19 and 30, Township 42 South, Range 34

21         East to an intersection with the westerly

22         right-of-way of Central and Southern Florida

23         Flood Control District Canal C20 as shown on

24         Drawing C-20-5 of the C. & S. F. C. D.

25         right-of-way map, thence southeasterly along

26         the said westerly right-of-way of Canal C20

27         through Sections 30, 31 and 32, Township 42

28         South, Range 34 East to an intersection with

29         the westerly bank of the presently existing

30         SUGARLAND DRAINAGE DISTRICT OUTFALL CANAL in

31         Section 32, Township 42, South, Range 34 East;

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1         thence southwesterly to an intersection with

  2         the boundary between Townships 42 and 43 South,

  3         said line also being the boundary between

  4         Glades and Hendry County and the north boundary

  5         of the SUGARLAND DRAINAGE DISTRICT; thence

  6         westerly along the said township line to a

  7         point on the northwest bank of the presently

  8         existing nine-mile canal in section 7, Township

  9         43 South, Range 34 East; thence following the

10         said north bank of the nine-mile canal

11         southwesterly, northwesterly and westerly, and

12         coinciding with the north boundaries of the

13         SUGARLAND DRAINAGE DISTRICT and the FLAGHOLE

14         DRAINAGE DISTRICT respectively, through Section

15         7, Township 43 South, Range 34 East, Sections

16         12 and 11, Township 43 South, Range 33 East,

17         Sections 34, 33, 32 and 31, Township 42 South,

18         Range 33 East, Sections 36 and 35, Township 42

19         South, Range 32 East to an intersection with

20         the westerly toe of the existing Lake Hicpochee

21         East Levee in Section 35, Township 42 South,

22         Range 32 East; thence following the westerly

23         toe of said levee along the shores of Lake

24         Hicpochee in a northerly, northeasterly and

25         northwesterly direction through Sections 35,

26         34, 27, 26, 23 and 22, Township 42 South, Range

27         32 East to an intersection with the south and

28         east boundary of the right-of-way of the

29         Caloosahatchee Canal (C-43) as existing in

30         Section 22, Township 42 South, Range 32 East;

31         thence northeasterly along the said

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1         right-of-way through Sections 22, 15, 14, 11

  2         and 12, Township 42 South, Range 32 East to the

  3         Point of Beginning.

  4

  5         Section 3.  Additional Powers of the District.--In

  6  addition to the powers provided for under chapter 298,

  7  Drainage and Water Management Law, Florida Statutes, which

  8  apply to the Disston Island Conservancy District, said

  9  District shall have the following powers:

10         The District is hereby authorized to construct or

11  acquire all works and improvements as shall be necessary to

12  rehabilitate, improve, or conserve the works and facilities

13  heretofore constructed or acquired by said District and to

14  reconstruct, improve, clean, or renovate any of such works or

15  facilities heretofore constructed or acquired, in order to

16  properly provide for the drainage, irrigation, and water

17  control of the lands in said District, under the Water Control

18  Plan for said District now in effect, or as may be hereafter

19  revised or amended for said District. The powers conferred by

20  this Act shall include the right to clean out, straighten,

21  open up, widen, or change the course and flow, alter or deepen

22  any canal, ditch, or lateral in said District that the Board

23  of Supervisors thereof may deem necessary to be done to

24  facilitate the drainage, irrigation, and water control of the

25  lands in said District, and to generally perform any work or

26  construct or acquire any works or facilities which in the

27  judgment of the Board of Supervisors of said District is

28  necessary or desirable in connection with the rehabilitation

29  of the drainage works and facilities of said District as they

30  now exist.

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1         Section 4.  Additional Powers.--The Supervisors of

  2  Disston Island Conservancy District shall have the power to

  3  designate maintenance areas within the District, and to levy

  4  variable maintenance tax rates apportioned upon the basis of

  5  benefits received by lands within the maintenance areas, and

  6  to provide for special and additional services to any

  7  particular area in the District which may require such special

  8  or additional services as a result of the use of the land in

  9  the area.

10         Section 5.  Benefits Assessed.--It is hereby found and

11  determined that all lands receiving services within the

12  boundaries of the District receive equally benefits from the

13  water management works, facilities, and improvements as

14  constructed and maintained under existing water control plans

15  of the District; and, therefore, all said lands receiving

16  services shall be taxed equally for the maintenance,

17  rehabilitation, and improvement of the District's works,

18  facilities, and improvements.

19         Section 6.  Rehabilitation Tax.--In order to implement

20  and carry out the additional powers of the District as

21  provided for in this Act, the District shall have the

22  authority to levy a rehabilitation tax from time to time

23  against all lands receiving services within the District. Such

24  tax shall be levied equally against all land receiving

25  services in the District and in the same manner as provided

26  for the levy of the maintenance tax. Any rehabilitation tax

27  levy shall be subject to the approval of the landowners at any

28  regular or special meeting called and the landowners voting as

29  provided for in section 298.11, Florida Statutes.

30         Section 7.  The governing Board of Disston Island

31  Conservancy District shall be designated "Board of Supervisors

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




  1  of Disston Island Conservancy District" and shall be composed

  2  of three persons, who shall be resident Freeholders of the

  3  State of Florida.

  4         Section 8.  Quorum for Landowners' Meeting.--The owners

  5  and proxy holders of District acreage who are present at a

  6  duly noticed landowners' meeting shall constitute a quorum for

  7  the purpose of holding such election or any election

  8  thereafter.

  9         Section 9.  That all other acts and proceedings of the

10  Circuit Court of said Hendry and Glades Counties taken by, for

11  and on behalf of said District since the creation thereof; and

12  all of the acts and proceedings of the Board of Supervisors,

13  the Commissioners, and all other officers and agents of said

14  District, and of said Hendry and Glades Counties, acting for

15  and on behalf of said District and any and all tax levies and

16  assessments which have been made by the said Board of

17  Supervisors for and on behalf of said District, and they are

18  each and every one of them, and each and every part thereof,

19  hereby ratified, validated, and confirmed.

20         Section 4.  Chapter 9977, Laws of Florida, 1923,

21  chapter 14709, Laws of Florida, 1931; chapter 75-383, Laws of

22  Florida, and chapter 77-561, Laws of Florida are repealed.

23         Section 5.  In the event any section or provision of

24  this act is determined to be invalid or unenforceable, such

25  determination shall not affect the validity of or

26  enforceability of each other section and provision of this

27  act.

28         Section 6.  In the event of a conflict of the

29  provisions of this act with the provisions of any other act

30  the provisions of this act shall control to the extent of such

31  conflict.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2696
    29-1740-00                                         See HB 1663




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

  2  law.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.