House Bill 0869er

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  2         An act relating to Cow Slough Water Control

  3         District, a special tax district of the State

  4         of Florida in Hendry and Collier Counties;

  5         codifying the District's charter, chapter

  6         89-426, Laws of Florida, pursuant to section

  7         189.429, Florida Statutes; providing

  8         legislative intent; amending, codifying, and

  9         reenacting all special acts relating to Cow

10         Slough Water Control District as a single act;

11         repealing all prior special acts related to Cow

12         Slough Water Control District; providing an

13         effective date.

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

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17         Section 1.  Pursuant to section 189.429, Florida

18  Statutes, this act constitutes the codification of all special

19  acts relating to Cow Slough Water Control District. It is the

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

21  single, comprehensive special act charter for the District

22  including all current legislative authority granted to the

23  District by its several legislative enactments and any

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

25  intent of this act to preserve all District authority in

26  addition to any authority contained in chapter 298, Florida

27  Statutes, as amended from time to time.

28         Section 2.  Chapter 89-426, Laws of Florida, creating

29  the Cow Slough Water Control District, is amended, codified,

30  reenacted, and repealed as herein provided.

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  1         Section 3.  The Cow Slough Water Control District is

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

  3  reenacted to read:

  4         Section 1.  District creation; boundaries.--For the

  5  purposes of comprehensive water management and control and

  6  developing the lands hereinafter described and managing said

  7  lands and water by means of the construction and maintenance

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

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

10  making the lands within said district available and habitable

11  for settlement and agriculture, and for the public

12  convenience, welfare, utility, and benefit, and for the other

13  purposes stated in this act and chapter 298, Florida Statutes,

14  a water control district is hereby created and established in

15  Hendry and Collier Counties, Florida, to be known as the Cow

16  Slough Water Control District, the territorial boundaries of

17  which shall be as follows, to wit:

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19         Hendry County:

20         (1)  In Township 45 South, Range 28 East:  All

21         of section 13, 14 and 24; and Section 25 less

22         the following described parcel:  Commencing at

23         the southwest corner of said Section 25; thence

24         N. 0-32-29 W. along the west boundary line of

25         said Section 25 a distance of 665.19 feet to

26         the Point-of-Beginning of this description;

27         thence continuing N. 0-32-29 W. along said west

28         boundary line of Section 25 a distance of

29         4656.88 feet to the northwest corner of said

30         Section 25; thence S. 87-56-46 E. along the

31         north boundary line of said Section 25 a


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  1         distance of 1950.00 feet; thence S. 0-27-54 E.

  2         a distance of 1176.05 feet; thence S. 0-53-38

  3         E. a distance of 2450.41 feet; thence S.

  4         0-34-26 E. a distance of 1025.07 feet; thence

  5         N. 88-07-20 W. a distance of 1963.85 feet to

  6         the said Point-of-Beginning of this

  7         description.

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  9         (2)  In Township 45 South, Range 29 East:  All

10         of Sections 18 and 19; that portion of the

11         South 1/2, west of State Road 29 and the South

12         1/2 of the Northwest 1/4 of Section 20; all

13         Section 29 West of State Road 29; all of

14         Sections 30 and 31; and all of Section 32 west

15         of State Road 29.

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17         Collier County:

18         In Township 46 South, Range 29 East:  All of

19         Section 5 west of State road 29; all of Section

20         6; that portion of Section 7 north of State

21         Road 82; all of Section 8 West of State Road

22         29; and, that portion of the North 1/2 of

23         Section 17 west of State Road 29.

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

26  in their present condition require comprehensive water control

27  and management for proper use and development, and that water

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

29  protection of said lands and the creation of the district with

30  the power vested in it by this act and chapter 298, Florida

31  Statutes, as they may be amended from time to time, is in the


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

  2  convenience.

  3         Section 2.  Provisions of other laws made

  4  applicable.--The Cow Slough Water Control District hereby

  5  created shall be an independent water control district and a

  6  public corporation of this state. The provisions of Florida

  7  law applicable to water control districts or subdistricts

  8  which are embodied in chapter 298, Florida Statutes, as it may

  9  be amended from time to time, so far as not inconsistent with

10  this act, are hereby declared to be applicable to the Cow

11  Slough Water Control District. The Cow Slough Water Control

12  District shall have all of the powers and authorities

13  conferred in this act and chapter 298, Florida Statutes, as

14  they may be amended from time to time.

15         Section 3.  Minimum charter requirements.--In

16  accordance with section 189.404(3), Florida Statutes, the

17  following subsections shall constitute the charter of the Cow

18  Slough Water Control District:

19         (1)  The District is organized and exists for all

20  purposes set forth in this act and chapter 298, Florida

21  Statutes, as they may be amended from time to time.

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

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

24  issuance, other revenue-raising capabilities, budget

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

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

27  valorem assessments, and contractual agreements, shall be as

28  set forth in chapters 189, 197, and 298, Florida Statutes, or

29  any other applicable general or special law, as they may be

30  amended from time to time.

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  1         (3)  The District was created by special act of the

  2  Florida Legislature by chapter 89-426, Laws of Florida, in

  3  accordance with chapter 298, Florida Statutes.

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

  5  special act of the Legislature.

  6         (5)  In accordance with chapter 189, Florida Statutes,

  7  this act, and section 298.11, Florida Statutes, the District

  8  is governed by a three-member board, elected on a one-acre,

  9  one-vote basis by the landowners in the District. 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 of

17  Supervisors shall be as set forth in this act and chapter 298,

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

23  they may 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 chapter 298, Florida

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

28  from time to time.

29         (10)  The procedures for conducting District elections

30  and for qualification of electors shall be pursuant to this

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  1  act and chapters 189 and 298, Florida Statutes, as they may be

  2  amended from time to time.

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

  4  established in this act, chapter 298, Florida Statutes, and

  5  applicable general laws, as they may be amended from time to

  6  time.

  7         (12)  The methods for collecting non-ad valorem

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

  9  chapters 197 and 298, Florida Statutes, and other applicable

10  general laws, as they may be amended from time to time.

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

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

13  may be amended from time to time.

14         (14)  The District's geographic boundary limitations

15  shall be as set forth in this act.

16         Section 4.  If any provision of this act or the

17  application thereof to any person or circumstance is held

18  invalid, the invalidity shall not affect other provisions or

19  applications of the act which can be given effect without the

20  invalid provision or application, and to this end the

21  provisions of this act are declared severable.

22         Section 5.  In the event of a conflict between the

23  provisions of this act and the provisions of any other act,

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

25  conflict.

26         Section 6.  This act shall be construed as a remedial

27  act and shall be liberally construed to promote the purpose

28  for which it is intended.

29         Section 7.  Chapter 89-426, Laws of Florida, is

30  repealed.

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  1         Section 8.  This act shall take effect upon becoming a

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