House Bill hb0857er

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


    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1

  2         An act relating to Palm Beach County; providing

  3         for codification of special laws regarding

  4         special districts pursuant to s. 189.429, F.S.,

  5         relating to Highland Glades Water Control

  6         District, a special tax district in Palm Beach

  7         County; providing legislative intent; codifying

  8         and reenacting special acts relating to the

  9         district; providing district status and

10         boundaries; providing for applicability of

11         chapters 298 and 189, Florida Statutes, and

12         other general laws; providing a district

13         charter; providing for ratification of prior

14         acts; providing for liberal construction;

15         providing a saving clause in the event any

16         provision of the act is deemed invalid;

17         repealing chapters 8885 (1921) and 89-466, Laws

18         of Florida; providing an effective date.

19

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

21

22         Section 1.  Pursuant to section 189.429, Florida

23  Statutes, this act constitutes the codification of all special

24  acts relating to the Highland Glades Water Control District.

25  It is the intent of the Legislature in enacting this law to

26  provide a single, comprehensive special act charter for the

27  district, including all current legislative authority granted

28  to the district by its several legislative enactments and any

29  additional authority granted by this act.

30         Section 2.  Chapters 8885 (1921) and 89-466, Laws of

31  Florida, relating to the Highland Glades Water Control


                                  1

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1  District, are codified, reenacted, amended, and repealed as

  2  herein provided.

  3         Section 3.  The charter for the Highland Glades Water

  4  Control District is re-created and reenacted to read:

  5         Section 1.  Status and boundaries of Highland Glades

  6  Water Control District.--The Highland Glades Water Control

  7  District is hereby declared to be an independent water control

  8  district and a public corporation of the State of Florida

  9  pursuant to chapter 298, Florida Statutes, as it may be

10  amended from time to time, and the lands lying within the area

11  described as follows in Palm Beach County, Florida, shall

12  hereby constitute the Highland Glades Water Control District:

13

14         Begin at the point of intersection of the

15         Township line between Townships forty-two (42)

16         and forty-three (43) with the West bank of the

17         West Palm Beach Canal and run West along said

18         Townships line to the Northwest corner of

19         Section four (4) in Township forty-three (43)

20         South of Range thirty-eight (38) East; thence

21         South along the West lines of Sections four

22         (4), nine (9) sixteen (16) and twenty-one (21)

23         to the Southwest corner of Section twenty-one

24         (21) in said Township forty-three (43) South of

25         Range thirty-eight (38) East; thence West along

26         the North lines of Sections twenty-nine (29)

27         and thirty (30) in said Township to the

28         Northwest corner of said Section thirty (30);

29         thence South along the West lines of Sections

30         thirty (30) and thirty-one (31) in said

31         Township to the Southwest corner of said


                                  2

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1         Section thirty-one (31); thence Southwesterly

  2         along the West line of Lot six (6) between

  3         Townships forty-three (43) and forty-four (44)

  4         in Range thirty-eight (38) to the Southwest

  5         corner of said Lot six (6); thence East along

  6         the South line of said Lot six (6) to the

  7         Northwest corner of Section five (5) in

  8         Township forty-four (44) South of Range

  9         thirty-eight (38) East; thence South along the

10         West line of Section five (5) and along the

11         West line of Section eight (8) in said Township

12         forty-four (44) South of Range thirty-eight

13         (38) East, to the point of intersection of said

14         West line of Section eight (8) with the North

15         bank of Okeechobee Road Canal; thence in a

16         Northeasterly direction along the North bank of

17         the Okeechobee Road Canal to the Northeast

18         corner of Section four (4) in said Township;

19         thence East along the North lines of Sections

20         three (3), two (2) and one (1) in said

21         Township, to the Northeast corner of said

22         Section one (1) in said Township; thence in a

23         Northeasterly direction along the East line of

24         Lot one (1) between Townships forty-three (43)

25         and forty-four (44) South of Range thirty-eight

26         (38) East to the Northeast corner of said Lot

27         one (1); thence North along the East line of

28         Township forty-three (43) South of Range

29         thirty-eight (38) East to the South bank of the

30         West Palm Beach Canal; thence in a

31         Northwesterly direction along the South bank of


                                  3

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1         the said West Palm Beach Canal to the place of

  2         beginning.

  3                           and

  4

  5         Sections 5, 6, 7, 8, 17, 18, 19, and 20,

  6         Township 43 South, Range 38 East.

  7

  8         Section 2.  In addition to the rights, powers,

  9  privileges, duties, liabilities, and responsibilities

10  hereinbefore vested in or imposed upon the Highland Glades

11  Water Control District, the Board of Supervisors of said

12  District is hereby authorized, empowered, and directed to

13  build roads as incidental to the digging of ditches, by

14  leveling the spoil banks of the ditches and canals in said

15  District, and thereafter placing on said roads material

16  excavated from ditches or canals or otherwise obtained and to

17  erect bridges over the ditches, including a bridge or bridges

18  across the Okeechobee Road Canal, as in the judgment of said

19  Board shall be suitable and proper for public use in said

20  District. All work constructed by the District shall

21  thereafter be maintained and kept up by the District. This

22  section does not exempt the district from complying with

23  applicable provisions of Chapters 373 or 403, Florida Statues.

24         Section 3.  The annual meeting of the landowners of

25  said District shall be held in the month of June in each and

26  every year beginning with the year 1922, at some date to be

27  fixed by the Board of Supervisors, but if for any reason such

28  annual meeting shall not be held in the month of June, it

29  shall be held as soon thereafter as practicable. The

30  landowners either in person or represented by proxy present at

31  any annual meeting, adjourned meeting, or special meeting of


                                  4

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1  the landowners of the Highland Glades Water Control District,

  2  shall constitute a quorum for such meeting and shall organize

  3  at such meeting and determine all questions and elect

  4  supervisors for said District regardless of the amount of

  5  acreage represented at said meeting. At any such meeting each

  6  landowner shall be entitled to one vote for each acre owned by

  7  him or her.

  8         Section 4.  No action, suit, or proceeding shall be

  9  brought to contest, set aside, review, or enjoin the

10  collection of any tax levied under the provision of this act,

11  unless such suit, action, or proceeding shall begin within 20

12  days after the final completion and authentication of the

13  assessment roll for that year.

14         Section 5.  Whoever shall wilfully damage any ditch,

15  canal, drain, levee, reservoir, roadway, bridge, culvert, or

16  other works established or constructed under this act, or that

17  may have been heretofore constructed within the territory

18  embraced in said District, or shall fill or obstruct the flow

19  of water in any canal, ditch, drain, or waterway, or shall

20  remove any earth, stone, or material from the banks of any

21  canal, drain, or ditch without first having obtained

22  permission in writing from said Board to remove such material,

23  shall be deemed guilty of a misdemeanor and upon conviction

24  shall be fined in a sum not exceeding $500 or be imprisoned in

25  the county jail not longer than 6 months.

26         Section 6.  The Highland Glades Water Control District

27  shall not be liable for personal injuries or injuries to

28  property due to the defective condition of its roads,

29  highways, bridges, or culverts.

30         Section 7.  No suit or any cause of action of

31  whatsoever kind or nature against the Highland Glades Water


                                  5

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1  Control District shall be instituted later than 6 months from

  2  the date such cause of action shall have accrued.

  3         Section 8.  No suit or action for the recovery of

  4  damages upon any claim or demand arising either ex contractu

  5  or ex delicto shall be instituted against the Highland Glades

  6  Water Control District unless a written statement giving the

  7  particulars of the cause of action and containing a notice of

  8  intention to sue shall be filed with the Secretary of said

  9  District at least 30 days before the suit or action is

10  instituted.

11         Section 9.  In accordance with section 189.404(3),

12  Florida Statutes, the following subsections shall constitute

13  the minimum charter requirements of the Highland Glades Water

14  Control District:

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

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

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

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

19  regarding ad valorem taxation, bond issuance, other

20  revenue-raising capabilities, budget preparation and approval,

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

22  certificates as appropriate for non-ad valorem assessments,

23  and contractual agreements shall be as set forth in chapters

24  170, 189, 197, and 298, Florida Statutes, or any other

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

26  time to time.

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

28  special act of the Legislature.

29         (4)  In accordance with chapter 189, Florida Statutes,

30  this act, and section 298.11, Florida Statutes, the district

31  is governed by a three-member board, elected on a 1-acre,


                                  6

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1  one-vote basis by the landowners in the district; however,

  2  landowners owning less than 1 acre shall be entitled to one

  3  vote. Landowners with more than 1 acre shall be entitled to

  4  one additional vote for any fraction of an acre greater than

  5  1/2 acre owned, when all of the landowner's acreage has been

  6  aggregated for purposes of voting. The membership and

  7  organization of the Board shall be as set forth in this act

  8  and chapter 298, Florida Statutes, as they may be amended from

  9  time to time.

10         (5)  The compensation of Board members shall be

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

12  they may be amended from time to time.

13         (6)  The administrative duties of the Board of

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

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

16         (7)  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, 189, 286, and 298, Florida Statutes, as they may

20  be amended from time to time.

21         (8)  The procedures and requirements governing the

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

23  by the district shall be as set forth in chapter 298, Florida

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

25  from time to time.

26         (9)  The procedures for conducting district elections

27  and for qualification of electors shall be pursuant to

28  chapters 189 and 298, Florida Statutes, as they may be amended

29  from time to time; however, a quorum for purposes of holding

30  the annual meeting or any special meeting shall consist of

31


                                  7

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1  those landowners present in person or represented by proxy at

  2  said meeting.

  3         (10)  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         (11)  The methods for collecting non-ad valorem

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

  9  chapters 170, 197, and 298, Florida Statutes, and other

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

11  time.

12         (12)  The district's planning requirements shall be as

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

14  may be amended from time to time.

15         (13)  The district's geographic boundary limitations

16  shall be as set forth in this act.

17         (14)  The district shall have all powers provided to it

18  by this act, chapters 189 and 298, Florida Statutes, and other

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

20  time.

21         Section 10.  All acts and proceedings of the circuit

22  court taken by, for, and on behalf of the District since the

23  creation thereof, and all of the acts and proceedings of the

24  Board of Supervisors, the Commissioners, and all other

25  officers and agents of the District, and of the county, acting

26  for and on behalf of the District, and any and all tax levies

27  and assessments which have been made by the Board of

28  Supervisors for and on behalf of the District, are each and

29  every one of them, and each and every part thereof, hereby

30  ratified, validated, and confirmed.

31


                                  8

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




    ENROLLED

    2001 Legislature                       HB 857, First Engrossed



  1         Section 4.  It is intended that the provisions of this

  2  act shall be liberally construed to accomplish the purposes of

  3  this act.

  4         Section 5.  If any section, subsection, sentence,

  5  clause, or phrase of this act is held to be unconstitutional,

  6  such holding shall not affect the validity of the remaining

  7  portions of the act, the Legislature hereby declaring that it

  8  would have passed this act and each section, subsection,

  9  sentence, clause, and phrase thereof, irrespective of any

10  other separate section, subsection, sentence, clause, or

11  phrase thereof, and irrespective of the fact that any one or

12  more other sections, subsections, sentences, clauses, or

13  phrases thereof may be declared unconstitutional.

14         Section 6.  Chapter 8885, Laws of Florida (1921),

15  chapter 9564, Laws of Florida (1923), chapter 10615, Laws of

16  Florida (1925), chapter 30199, Laws of Florida (1955), and

17  chapter 89-466, Laws of Florida, are repealed 10 days after

18  the effective date of this act.

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

20  law.

21

22

23

24

25

26

27

28

29

30

31


                                  9

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