House Bill hb0859

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    Florida House of Representatives - 2001                 HB 859

        By Representative Harper






  1                      A bill to be entitled

  2         An act relating to Gladeview Water Control

  3         District, an independent special tax district

  4         in Palm Beach County; providing legislative

  5         intent; codifying, reenacting, amending, and

  6         repealng special acts relating to the district;

  7         providing district status and boundaries;

  8         providing for applicability of chapters 298 and

  9         189, Florida Statutes, and other general laws;

10         providing a district charter; providing for

11         ratification of prior acts; providing for

12         liberal construction; providing a saving clause

13         in the event any provision of the act is deemed

14         invalid; providing an effective date.

15  

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

17  

18         Section 1.  Pursuant to section 189.429, Florida

19  Statutes, this act constitutes the codification of all special

20  acts relating to the Gladeview Water Control District. It is

21  the intent of the Legislature in enacting this law to provide

22  a single, comprehensive special act charter for the district,

23  including all current legislative authority granted to the

24  district by its several legislative enactments and any

25  additional authority granted by this act.

26         Section 2.  Chapters 9982 (1923), 13648 (1929), and

27  57-850, Laws of Florida, relating to the Gladeview Water

28  Control District, are codified, reenacted, amended, and

29  repealed as herein provided.

30         Section 3.  The charter for the Gladeview Water Control

31  District is re-created and reenacted to read:

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    Florida House of Representatives - 2001                 HB 859

    766-107-01






  1         Section 1.  Status and boundaries of Gladeview Water

  2  Control District.--The Gladeview Water Control District is

  3  hereby declared to be an independent water control district

  4  and a public corporation of the State of Florida pursuant to

  5  chapter 298, Florida Statutes, as it may be amended from time

  6  to time, and the lands lying within the area described as

  7  follows in Palm Beach County, Florida, shall hereby constitute

  8  the Gladeview Water Control District:

  9  

10         Section Ten (10) and the West Half of Township

11         Forty-four (44) South of Range Thirty-nine (39)

12         East, in Palm Beach County, Florida.

13  

14         Section 2.  The annual meeting of the landowners of

15  said district shall be held in the month of June in each and

16  every year beginning with the year 1924, at some date to be

17  fixed by the board of supervisors, but if for any reason such

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

19  shall be held as soon thereafter as practicable. The

20  landowners either in person or represented by proxy present at

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

22  the landowners of the Gladeview Water Control District, shall

23  constitute a quorum for such meeting and shall organize at

24  such meeting and determine all questions and elect supervisors

25  for said district regardless of the amount of acreage

26  represented at said meeting. At any such meeting each

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

28  him or her.

29         Section 3.  No suit or any cause of action of

30  whatsoever kind or nature against the Gladeview Water Control

31  

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    Florida House of Representatives - 2001                 HB 859

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  1  District shall be instituted later than 6 months from the date

  2  such cause of action shall have accrued.

  3         Section 4.  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 Gladeview Water

  6  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 5.  Qualifications of board of

12  supervisors.--All three members of the Board of Supervisors of

13  Gladeview Water Control District shall be residents of the

14  State of Florida but only one of such supervisors need be a

15  landowner of Gladeview Water Control District. An officer or

16  director of a corporation owning land in Gladeview Water

17  Control District shall be deemed a landowner for purposes of

18  this section.

19         Section 6.  Minimum charter requirements.--In

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

21  following subsections shall constitute the charter of the

22  Gladeview Water Control District:

23         (1)  The district is organized and exists for all

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

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

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

27  regarding ad valorem taxation, 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

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    Florida House of Representatives - 2001                 HB 859

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  1  170, 189, 197, and 298, Florida Statutes, or any other

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

  3  time to time.

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

  5  special act of the Legislature.

  6         (4)  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; however,

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

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

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

13  1/2 acre owned, when all of the landowner's acreage has been

14  aggregated for purposes of voting. The membership and

15  organization of the board shall be as set forth in this act

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

17  time to time.

18         (5)  The compensation of board members shall be

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

20  they may be amended from time to time.

21         (6)  The administrative duties of the board of

22  supervisors shall be as set forth in this act and chapter 298,

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

24         (7)  Requirements for financial disclosure, meeting

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

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

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

28  be amended from time to time.

29         (8)  The procedures and requirements governing the

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

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

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    Florida House of Representatives - 2001                 HB 859

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

  2  from time to time.

  3         (9)  The procedures for conducting district elections

  4  and for qualification of electors shall be pursuant to

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

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

  7  the annual meeting or any special meeting shall consist of

  8  those landowners present in person or represented by proxy at

  9  said meeting.

10         (10)  The district may be financed by any method

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

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

13  time.

14         (11)  The methods for collecting non-ad valorem

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

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

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

18  time.

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

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

21  may be amended from time to time.

22         (13)  The district's geographic boundary limitations

23  shall be as set forth in this act.

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

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

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

27  time.

28         Section 7.  All acts and proceedings of the circuit

29  court taken by, for, and on behalf of the district since the

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

31  board of supervisors, the commissioners, and all other

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    Florida House of Representatives - 2001                 HB 859

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  1  officers and agents of the district, and of the county, acting

  2  for and on behalf of the district, and any and all tax levies

  3  and assessments which have been made by the board of

  4  supervisors for and on behalf of the district, are each and

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

  6  ratified, validated, and confirmed.

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

  8  act shall be liberally construed for accomplishing the work

  9  authorized and provided for or intended to be provided for by

10  this act, and where strict construction would permit or assist

11  in the accomplishment of any part of the work authorized by

12  this act, the liberal construction shall be chosen.

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

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

15  such holding shall not affect the validity of the remaining

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

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

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

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

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

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

22  phrases thereof may be declared unconstitutional.

23         Section 6.  Chapter 9982 (1923), chapter 13648 (1929),

24  and chapter 57-850, Laws of Florida, relating to the Gladeview

25  Water Control District shall be repealed 10 days after the

26  effective date of this act.

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

28  law.

29  

30  

31  

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