House Bill hb0861
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
By Representative Harper
1 A bill to be entitled
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 Shawano Water Control District, a
6 special tax district in Palm Beach County;
7 providing legislative intent; codifying,
8 repealing, amending, and reenacting special
9 acts relating to the district; providing
10 district status and boundaries; providing for
11 applicability of chapters 298 and 189, Florida
12 Statutes, and other general laws; providing a
13 district charter; providing for ratification of
14 prior acts; providing for liberal construction;
15 providing a saving clause in the event any
16 provision of the act is deemed invalid;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Pursuant to section 189.429, Florida
22 Statutes, this act constitutes the codification of all special
23 acts relating to the Shawano Water Control District. It is the
24 intent of the Legislature in enacting this law to provide a
25 single, comprehensive special act charter for the district,
26 including all current legislative authority granted to the
27 district by its several legislative enactments and any
28 additional authority granted by this act.
29 Section 2. Chapters 11864 (1927), 13579 (1929), 24254
30 (1947), 25328 (1949), 28406 (1953), 57-488, and 63-863, Laws
31 of Florida, relating to the Shawano Water Control District,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 are codified, reenacted, amended, and repealed as herein
2 provided.
3 Section 3. The charter for the Shawano Water Control
4 District is re-created and reenacted to read:
5 Section 1. Status and boundaries of Shawano Water
6 Control District.--The Shawano Water Control District is
7 hereby declared to be an independent water control district
8 and a public corporation of the State of Florida pursuant to
9 chapter 298, Florida Statutes, as it may be amended from time
10 to time, and the lands lying within the area described as
11 follows in Palm Beach County, Florida, shall hereby constitute
12 the Shawano Water Control District:
13
14 Beginning at the northeast corner of Section
15 Five (5), Township Forty-five (45) South, Range
16 Thirty-Nine (39) East; thence run west along
17 the township line between Townships Forty-four
18 (44) and Forty-five (45) south to the
19 intersection of the north boundary of Township
20 Forty-five (45), Range Thirty-eight (38) East
21 with the center line of the Hillsboro Canal;
22 thence southeasterly along the center line of
23 said Hillsboro Canal to the intersection of
24 Hillsboro Canal with the south boundary of
25 Section Thirteen (13), Township Forty-five (45)
26 South, Range Thirty-eight (38) East;
27
28 Thence west along the center of said Township
29 Forty-five (45) South, Range Thirty-eight (38)
30 East to the southwest corner of Section
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Eighteen (18), Township Forty-five (45) South,
2 Range Thirty-eight (38) East;
3
4 Thence south along the range line between
5 Ranges Thirty-seven (37) and Thirty-eight (38)
6 East to the southwest corner of Township
7 Forty-five (45) South, Range Thirty-eight (38)
8 East;
9
10 Thence continuing south across the hiatus
11 between Townships Forty-five (45) and Forty-six
12 (46) South to the northwest corner of Township
13 Forty-six (46) South, Range Thirty-eight (38)
14 East;
15
16 Thence continuing south along the range line
17 between Ranges Thirty-seven (37) and
18 Thirty-eight (38) East, to the southwest corner
19 of Section Seven (7), Township Forty-six (46)
20 South, Range Thirty-eight (38) East;
21
22 Thence East along the south boundary of
23 Sections Seven (7), Eight (8) and Nine (9) to
24 the southeast corner of Section Nine (9),
25 Township Forty-six (46) South, Range
26 Thirty-eight (38) East;
27
28 Thence south along the west boundary of
29 Sections Fifteen (15), Twenty-two (22),
30 Twenty-seven (27) and Thirty-four (34) to the
31 southwest corner of Section Thirty-four (34)
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Township Forty-six (46) South, Range
2 Thirty-eight (38) East;
3
4 Then east along the township line between
5 Townships Forty-six (46) and Forty-seven (47)
6 South, to the intersection of said township
7 line with the center line of the Hillsboro
8 Canal located in Range Forty (40) East;
9
10 Thence along said center line of Hillsboro
11 Canal northwestwardly to the intersection of
12 said center line with the range line between
13 ranges Thirty-nine(39) and Forty (40) East;
14
15 Thence north along the range line between
16 Ranges Thirty-nine (39) and Forty (40) East, to
17 the northeast corner of Township Forty-six (46)
18 South, Range Thirty-nine (39) East;
19
20 Thence continuing north across the hiatus
21 between Townships Forty-five (45) and Forty-six
22 (46) South, to the southeast corner of Township
23 Forty-five (45) South, Range Thirty-nine (39)
24 East;
25
26 Thence continuing north along the range line
27 between Ranges Thirty-nine (39) and Forty (40)
28 East, to the northeast corner of Section
29 Twenty-four (24), Township Forty-five (45)
30 South, Range Thirty-nine (39) East;
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Thence west along the north boundary of
2 Sections Twenty-four (24), Twenty-three (23),
3 Twenty-two (22) and Twenty-one (21), to the
4 northwest corner of Section Twenty-one (21),
5 Township Forty-five (45) South, Range
6 Thirty-nine (39) East;
7
8 Thence north along the east boundary of
9 Sections Seventeen (17), Eight (8) and Five (5)
10 to the northeast corner of Section Five (5),
11 Township Forty-five (45) South, Range
12 Thirty-nine (39) East, being the point of
13 beginning as above described.
14
15 and
16
17 Those parts of Sections Thirteen (13) and
18 Fourteen (14) lying South and West of Hillsboro
19 Canal, all in Township 45 South, Range 38 East,
20 containing approximately 672 acres.
21
22 and
23
24 Section Fifteen (15), Township 45 South, Range
25 38 East; and all of Sections Four (4), Nine
26 (9), and Sixteen (16), Township 45 South, Range
27 39 East.
28
29 and
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 The following described lands shall be, and the same
2 are hereby, detached and excluded from the boundaries of
3 Shawano Water Control District:
4
5 Lands in Palm Beach County described as
6 follows:
7
8 Sections 5, 6, 7, 8, 15, 16, 17, 18, 19, 20,
9 21, 27, 28, 29, 30, 31, 32, and 33, Township 46
10 South, Range 38 East.
11
12 That part of Sections 30 and 31 lying South and
13 West of Hillsboro Canal in Township 46 South,
14 Range 40 East.
15
16 A tract of land bounded as follows:
17 Bounded on the North by the North line of
18 Sections 22, 23 and 24, Township 45 South,
19 Range 39 East, bounded on the East by the range
20 line between Ranges 39 and 40 East, bounded on
21 the South by the Township line between
22 Townships 46 and 47 South, and bounded on the
23 west by the Westerly limits of the right-of-way
24 of Levee L-6, one of the works of the plan of
25 flood control for Central and Southern Florida.
26
27 and
28
29 Lands in Palm Beach County described as
30 follows:
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Sections 25, 26, 34, 35 and 36, Township 46
2 South, Range 38 East.
3
4 That part of Sections 30 and 31 lying North and
5 West of Levee L-6, one of the works of the Plan
6 of Flood Control for Central and Southern
7 Florida Flood Control District, Township 46
8 South, Range 39 East.
9
10 That part of Sections 31 and 32 lying North and
11 East of Hillsboro Canal and all of Section 33,
12 Township 45 South, Range 39 East.
13
14 That part of Hiatus Lots 4 and 5 lying North
15 and East of Hillsboro Canal, Township 45/46
16 South, Range 39 East.
17
18 That part of Section 4 lying North and East of
19 Hillsboro Canal, Township 46 South, Range 39
20 East.
21
22 and
23
24 Lands in Palm Beach County described as
25 follows:
26
27 All of Section 24 in Township 45 South, Range
28 38 East, lying North and East of Hillsboro
29 Canal.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 All of Section 19 in Township 45 South, Range
2 39 East, lying North and East of Hillsboro
3 Canal.
4
5 All of Sections 20 and 21, Township 45 South,
6 Range 39 East.
7
8 and
9
10 Lands in Palm Beach County described as
11 follows:
12
13 Sections 31, 32, 33, 34, 35 and 36, Township 45
14 South, Range 38 East; Hiatus Lots 1, 2, 3, 4, 5
15 and 6 between Townships 45 and 46 South, Range
16 38 East; Sections 1, 2, 3, 4, 9, 10, 11, 12,
17 13, 14, 15, 22, 23 and 24, Township 46 South,
18 Range 38 East; All of Sections 31 and 32, South
19 and West of the Hillsboro Canal, Township 45
20 South, Range 39 East; All of Hiatus Lots 4 and
21 5 South and West of the Hillsboro Canal and all
22 of Hiatus Lot 6 between Townships 45 and 46
23 South, Range 39 East; All of Section 4 South
24 and West of Hillsboro Canal and North and West
25 of L-6; all of Sections 6, 7, 8 and 18, that
26 part of Sections 9, 17, 19 and 20 North and
27 West of L-6, all in Township 46 South, Range 39
28 East.
29
30 Section 2. Powers of the District.--Said District
31 shall have the power to sue and be sued by its name in any
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 court of law or in equity, to make contracts, to adopt and use
2 a corporate seal and to alter the same at pleasure; to acquire
3 by purchase, gift, or condemnation real and personal property,
4 either or both, within or without the District, and to convey
5 and dispose of such real and personal property, either or
6 both, as may be necessary or convenient to carry out the
7 purposes, or any of the purposes, of this Act; to construct,
8 operate, and maintain canals, ditches, drains, levees, and
9 other works for drainage purposes; to acquire, purchase,
10 operate, and maintain pumps, plants, and pumping systems for
11 drainage purposes; to construct, operate, and maintain
12 irrigation works, machinery, and plants; to construct,
13 improve, pave, and maintain roadways and roads necessary and
14 convenient for the exercise of the powers or duties or any of
15 the powers or duties of said District or the Supervisors
16 thereof; to borrow money and issue negotiable or other bonds
17 of said District as hereinafter provided; to borrow money,
18 from time to time, and issue negotiable or other notes of said
19 District therefor, bearing interest at not exceeding 8 percent
20 per annum, in anticipation of the collection of taxes, levies,
21 and assessments or revenues of said District, and to pledge or
22 hypothecate such taxes, levies, assessments, and revenues to
23 secure such bonds, notes, or obligations, and to sell,
24 discount, negotiate, and dispose of the same; and to exercise
25 all other powers necessary, convenient, or proper in
26 connection with any of the powers or duties of said District
27 stated in this Act. The powers and duties of said District
28 shall be exercised by and through the Board of Supervisors
29 thereof, which Board shall have the authority to employ
30 engineers, attorneys, agents, employees, and representatives
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 as the Board of Supervisors may from time to time determine,
2 and to fix their compensation and duties.
3 Section 3. Board of Supervisors; election,
4 organization, powers, duties, and terms of office.--There is
5 hereby created a Board of Supervisors of Shawano Water Control
6 District which shall be the governing body of said District.
7 Said Board of Supervisors shall consist of three persons, who,
8 except as herein otherwise provided, shall hold office for the
9 term of 3 years and until their successors shall be duly
10 elected and qualified. The first Board of Supervisors of said
11 District shall be composed of three persons; one of whom shall
12 hold office for 4 years from July 1 A.D. 1927, one of whom
13 shall hold office for 3 years from July 1 A.D. 1927, and one
14 of whom shall hold office for 2 years from July 1 A.D. 1927.
15 Within 30 days after this Act becomes a law, the Clerk of the
16 Circuit Court of Palm Beach County shall call a special
17 meeting of landowners of Shawano Water Control District for
18 the purpose of electing the first Board of Supervisors for
19 Shawano Water Control District as herein provided. Notice of
20 such special meeting of landowners shall be given by said
21 Clerk of the Circuit Court of Palm Beach County by causing
22 publication thereof to be made once a week for 2 consecutive
23 weeks prior to such meeting, in some newspaper published in
24 Palm Beach County. Such special meeting of landowners shall be
25 held in some public place in Palm Beach County, and the place,
26 date, and hour of holding such meeting and the purpose thereof
27 shall be stated in the notice. The landowners when assembled
28 shall organize by electing a chair, who shall preside at the
29 meeting, and a secretary thereof. At such meeting, each and
30 every acre of land in the District shall represent one share
31 and each owner shall be entitled to one vote by person or by
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 written proxy for every acre of land owned by him or her in
2 the District. The landowners shall first vote for the
3 Supervisor who is to hold office for the term of 4 years as
4 hereinbefore provided, and the person receiving the highest
5 number of votes for such Supervisor shall be declared and
6 elected as such Supervisor. Said landowners shall next vote
7 for the Supervisor who is to hold office for the term of 3
8 years as hereinbefore provided, and the person receiving the
9 highest number of votes for such Supervisor shall be declared
10 and elected as such Supervisor. Said landowners shall next
11 vote for the Supervisor who is to hold office for the term of
12 2 years as hereinbefore provided, and the person receiving the
13 highest number of votes for such Supervisor shall be declared
14 and elected as such Supervisor.
15 Each year during the month of June, beginning with the
16 month of June A.D. 1929, a Supervisor shall be elected, as
17 hereinafter provided, by the landowners of said District to
18 take the place of the retiring Supervisor. All vacancies or
19 expirations on said Board shall be filled as required by this
20 Act. The Supervisors of said Shawano Water Control District
21 need not be residents of said District or of the State of
22 Florida, and they may or may not be owners of lands or
23 property within said District. In case of a vacancy in the
24 office of any Supervisor, the remaining Supervisors may fill
25 such vacancy until the next annual meeting of the landowners,
26 when his or her successor shall be elected by the landowners
27 for the unexpired term. As soon as practicable after their
28 election, the Board of Supervisors of said District shall
29 organize by choosing one of their number president of said
30 Board of Supervisors and by electing some suitable person
31 secretary, who may or may not be a member of said Board. The
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 secretary shall be required to execute bond for the faithful
2 performance of his or her duties in such penal amount as the
3 Board may determine. The Board of Supervisors shall adopt a
4 seal which shall be the seal of said District. At each annual
5 meeting of the landowners of the District, the Board of
6 Supervisors shall report all work undertaken or completed
7 during the preceding year, and the status of the finances of
8 the District.
9 All Supervisors shall hold office until their
10 successors shall be elected and qualified. Whenever any
11 election shall be authorized or required by this Act to be
12 held by the landowners at any particular or stated time or
13 day, and if for any reason such election shall not or cannot
14 be held at such time or on such day, then in such event and in
15 all and every such event, the power or duty to hold such
16 election shall not cease or lapse, but such election shall be
17 held thereafter as soon as practicable and consistent with
18 this Act.
19 Section 4. Supervisors to take oath.--Each Supervisor
20 before entering upon his or her official duties shall take and
21 subscribe to an oath before some officer authorized by law to
22 administer oaths, that he or she will honestly, faithfully,
23 and impartially perform the duties devolving upon him or her
24 in office as Supervisor of the Shawano Water Control District
25 to which he or she was elected or appointed, and that he or
26 she will not neglect any of the duties imposed upon him or her
27 by this Act.
28 Section 5. Compensation of board.--Each Supervisor
29 shall be paid for his or her services a per diem of $10 for
30 each day actually engaged in work pertaining to the said
31 District; but the said Supervisors shall not in any 1 month be
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 paid more than $100 each, except that in addition to the said
2 per diem, they shall be paid 10 cents per mile for each mile
3 actually traveled in going to and from their place of
4 residence to the place of meeting.
5 Section 6. Meetings of landowners; election of
6 supervisors.--Each year during the month of June, beginning
7 with the month of June in the year 1929, a meeting of the
8 landowners of said District shall be held for the purpose of
9 electing a Supervisor to take the place of the retiring
10 Supervisor, and hearing reports of the Board of Supervisors,
11 provided, however, that a meeting of the landowners shall be
12 held during the month of June 1928 for the purpose of
13 receiving reports of the Board of Supervisors and considering
14 any matters upon which the Board of Supervisors may request
15 the advice and views of the landowners. The Board of
16 Supervisors shall have the power to call special meetings of
17 the landowners at any time to receive reports of the Board of
18 Supervisors or consider and act upon any matter upon which the
19 Board of Supervisors may request advice. Notice of all
20 meetings of the landowners shall be given by the Board of
21 Supervisors by causing publication thereof to be made for 2
22 consecutive weeks prior to such meeting in some newspaper
23 published in Palm Beach County. The meetings of the landowners
24 shall be held in some public place in said County, and the
25 place, day, and hour of holding such meetings shall be stated
26 in the notice. The landowners when assembled shall organize by
27 electing a chair who shall preside at the meeting. The
28 secretary of the Board of Supervisors shall be the secretary
29 of such meeting. At all such meetings each and every acre of
30 land in the District shall represent one share, and each owner
31 shall be entitled to one vote in person or by written proxy
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 for every acre of land owned by him or her in the District.
2 The person receiving the highest number of votes for
3 Supervisor shall be declared and elected as such Supervisor. A
4 majority of the number of acres in the District shall
5 constitute a quorum at any meeting of the landowners. If no
6 quorum is present or represented at such meeting at the time
7 and place the same is called to be held, the landowners
8 present and represented, although less than a quorum, may
9 adjourn from day to day for not exceeding 1 week, and if at
10 the expiration of such period of 1 week, after such successive
11 adjournments, no quorum is present, then a majority in acreage
12 of the landowners present and represented, although
13 constituting less than a quorum, shall have the power to elect
14 a Supervisor and transact all the business which could be
15 transacted by a quorum.
16 The Board of Trustees of the Internal Improvement Trust
17 Fund of Florida may represent and vote in respect to all lands
18 belonging to the State of Florida, the Board of Trustees of
19 the Internal Improvement Trust Fund of Florida, or the Board
20 of Commissioners of Everglades Drainage District, and they
21 shall have the right to vote for Supervisors and upon all
22 other matters that may come before any such meetings of the
23 landowners to the extent of the acreage in such District owned
24 by the State of Florida or the Board of Trustees of the
25 Internal Improvement Trust Fund, or the Board of Commissioners
26 of the Everglades Drainage District, upon the same basis of
27 one vote for each acre of land as prescribed in this Act for
28 private landowners in said District. The votes to be cast by
29 said Board of Trustees of the Internal Improvement Trust Fund
30 may be cast by any member of said Board of Trustees or by any
31 person holding a proxy or proxies from said Board of Trustees.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Guardians may represent their wards, executors and
2 administrators may represent the estates of deceased persons,
3 trustees may represent lands held by them in trust, and
4 private corporations may be represented by their officers or
5 duly authorized agents. Guardians, executors, administrators,
6 trustees, and corporations may vote by proxy.
7 Section 7. Uniform acreage tax for payment of
8 expenses.--There is hereby levied by the Legislature of the
9 State of Florida upon each and every acre of land within said
10 Shawano Water Control District as bounded and defined in this
11 act a uniform tax of 25 cents per acre to be used by said
12 District, through its said Board of Supervisors, for the
13 purpose of paying expenses incurred or to be incurred in
14 making surveys of the lands in said District, assessing
15 benefits and damages and other expenses necessarily incurred,
16 as may be estimated or determined by said Board of
17 Supervisors, before said Board of Supervisors shall be in
18 funds under the subsequent provisions of this Act. Such tax
19 shall become due and payable on the first day of November A.D.
20 1927, and shall become delinquent 90 days thereafter. Said tax
21 shall be a lien upon the lands in said District from the date
22 of the enactment of this Act and shall be collected in the
23 same manner as the annual installment of taxes. If it shall
24 appear to the Board of Supervisors to be necessary to obtain
25 funds to pay any expenses incurred or to be incurred in
26 organizing said District, making said surveys, preparing the
27 Plan of Reclamation, or other expenses of the conduct and
28 operation of said District before a sufficient sum can be
29 obtained by the collection of the acreage tax levied by this
30 Section of this Act, said Board of Supervisors may borrow a
31 sufficient sum of money for any of said purposes at a rate of
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 interest not exceeding 8 percent per annum, and may issue
2 negotiable notes or bonds therefor signed by the members of
3 said Board of Supervisors, and may pledge any and all
4 assessments of said acreage tax levied under the provisions of
5 this Section for the repayment thereof. Said Board of
6 Supervisors may issue to any person or persons performing work
7 or services or furnishing anything of value in the
8 organization of said District or making surveys of the same
9 and assessing benefits or damages or preparing said Plan of
10 Reclamation and other expenses necessarily incurred before the
11 receipt of funds arising from assessments or benefits,
12 negotiable evidence of debt bearing interest at the rate of
13 not exceeding 8 percent per annum.
14 Section 8. Annual tax levies.--The Board of
15 Supervisors shall each year thereafter determine, order, and
16 levy the amount of the annual installments of the total taxes
17 levied under the preceding Section, which shall become due and
18 be collected during said year at the same time that State and
19 County taxes are due and collected, which said annual
20 installment and levy shall be evidenced and certified by the
21 said Board not later than November 1 of each year to the Tax
22 Collector of Palm Beach County. The certificate of such
23 installment tax shall be substantially in the following form:
24
25 COUNTY OF PALM BEACH
26 STATE OF FLORIDA.
27
28 THIS IS TO CERTIFY that by virtue and authority
29 of the provisions of an Act of the Legislature
30 entitled "An Act to Create, Establish and
31 Incorporate the Shawano Water Control District
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 in Palm Beach County, etc.," as enacted by the
2 Legislature of the State of Florida and
3 approved in the year 1927, the Board of
4 Supervisors of Shawano Water Control District
5 of Florida have levied and do hereby levy the
6 sum of .................. Dollars ($ ) as the
7 annual installment of tax for the year ......
8 of the total tax levied under the provisions of
9 this Act, which said total tax has heretofore
10 been certified to the Clerk of the Circuit
11 Court of Palm Beach County; and said Board of
12 Supervisors of said Water Control District by
13 and with the authority of this Act has levied
14 also the sum of .............. Dollars ($ ) as
15 a maintenance tax for said year; said annual
16 installment of tax and maintenance tax on the
17 real estate situate in Palm Beach County are
18 set out in the following table, in which are:
19 first, the names of the owners of said lands,
20 or the word "unknown" if the names of the
21 owners are not known to the Board of
22 Supervisors; second, the description of said
23 lands opposite the names of said owners; third,
24 the amount of said installment of tax levied
25 against each tract of land; fourth, the amount
26 of said maintenance tax levied against the
27 same.
28 Said taxes shall be payable and collectable the
29 present year at the same time that State and
30 County taxes are due and collected, and you are
31 directed and ordered to demand and collect said
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 taxes at the same time you demand and collect
2 the State and County taxes due on the same
3 lands, and this "Drainage Tax Book" shall be
4 your warrant and authority for making such
5 demand and collection.
6
7 Witness the signature of the President of the
8 Board of Supervisors attested by the seal of
9 said District and the signature of the
10 Secretary of the said Board this .... day of
11 .............., A.D. .......
12 SHAWANO WATER CONTROL DISTRICT,
13 By ...................................
14 President of the Board of Supervisors.
15
16 .....................................
17 (SEAL) Secretary
18
19 Then shall follow a table or schedule showing in
20 properly ruled columns, first, the names of the owners of said
21 lands, or the word "unknown" if the names of the owners are
22 not known to the Board of Supervisors; second, the description
23 of the said lands opposite the names of said owners; third,
24 the amount of the said annual installment tax levied on each
25 tract of land; fourth, the amount of maintenance tax; fifth, a
26 blank column in which the Collector shall record the several
27 amounts as collected by him or her, with the dates of payment
28 thereof; and sixth, a blank column in which the Collector
29 shall record the names of the person or persons paying several
30 amounts. The columns in which the annual installment tax and
31 the maintenance tax, if any, shall appear, shall be correctly
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 totaled and the total amount shall correspond to the amount
2 set out in the above-mentioned certificate. The said
3 certificate and table shall be prepared in the form of a
4 well-bound book which shall be endorsed and named "Drainage
5 Tax Book, Shawano Water Control District, Palm Beach County,
6 Florida, for the year ....," which endorsement shall also be
7 printed at the top on each page.
8 Section 9. Attorney to be employed.--The Board of
9 Supervisors, as soon as practicable after organizing, shall
10 employ an attorney or attorneys to act for the District and to
11 advise said Board. Such employment shall be evidenced by an
12 agreement in writing, which as far as possible shall specify
13 the exact amount to be paid to said attorney for all services
14 and expenses. Such attorney shall conduct all legal
15 proceedings and suits in court where the District is a party
16 or interested, and shall in all legal matters advise the Board
17 of Supervisors, all officers, employees, or agents of said
18 District and Board, and generally look after and attend to all
19 matters of a legal nature for said Board and District. When
20 the said Board may deem it necessary, they may, by and with
21 the advice of said attorney, and under the like terms and
22 conditions as above set forth, employ a consulting and other
23 attorney or attorneys.
24 Section 10. Maintenance tax may be levied.--To
25 maintain and preserve the ditches, drains, and other
26 improvements made pursuant to this Act, and to repair and
27 restore the same, when needed, and for the purpose of
28 defraying the current expenses of the District, including any
29 sum which may be required to pay state, county, and Everglades
30 Drainage District taxes on any lands which may have been
31 purchased and which are held by the District under the
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 provisions of this Act, the Board of Supervisors may, upon the
2 completion of the said improvements in whole or in part, as
3 may be certified to the said Board by the Chief Engineer, and
4 on or before the first day of November in each year
5 thereafter, levy a tax, which shall become due and be
6 collected at the same time State and County taxes are due and
7 collected, upon each tract or parcel of land within the
8 District, to be known as a maintenance tax. Said maintenance
9 tax may be apportioned upon the basis of the net assessments
10 of benefits accruing for original construction, and shall be
11 certified to the Tax Collector of Palm Beach County in the
12 same book in like manner and at the same time as the annual
13 installment tax is certified, but in a separate column under
14 the heading "maintenance tax." The Tax Collector shall demand
15 and collect the maintenance tax and make return thereof and
16 shall receive the same compensation therefor, and be liable
17 for the same penalties for failure or neglect so to do as is
18 provided herein for the annual installment of taxes.
19 Section 11. Duty of county, etc., to make payment of
20 taxes.--Whenever, under the provisions of this Act, the Water
21 Control District tax is levied against a county, city,
22 village, township, or other political subdivision of the
23 State, it shall be the duty of the governing or taxing body of
24 such political subdivision immediately to take all the legal
25 and necessary steps to make payment of such tax, including, if
26 necessary, steps for the levying and collection of a tax to
27 make such payment as other taxes of such political subdivision
28 are levied and collected, and such tax shall not be affected
29 by any statutory limitation upon the rate or amount of the
30 taxes of such political subdivision.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Section 12. Unit development; powers of Board of
2 Supervisors to designate units of district and adopt system of
3 progressive drainage by units; plans of reclamation and
4 financing assessments, etc., for each unit.--The Board of
5 Supervisors of Shawano Water Control District shall have the
6 power and is hereby authorized in its discretion to drain and
7 reclaim or more completely and intensively to drain and
8 reclaim the lands in said District by designated areas or
9 parts of said District to be called "units." The units into
10 which said District may be so divided shall be given
11 appropriate numbers or names by said Board of Supervisors, so
12 that said units may be readily identified and distinguished.
13 The Board of Supervisors shall have the power to fix and
14 determine the location, area, and boundaries of and lands to
15 be included in each and all such units, the order of
16 development thereof, and the method of carrying on the work in
17 each unit. The unit system of drainage provided by this
18 Section may be conducted and all of the proceedings by this
19 Section and this Act authorized in respect to such unit or
20 units may be carried on and conducted at the same time as or
21 after the work of draining and reclaiming of the entire
22 District has been or is being or shall be instituted or
23 carried on under the provisions of this Act. If the Board of
24 Supervisors shall determine that it is advisable to conduct
25 the work of draining and reclaiming the lands in said District
26 by units, as authorized by this Section of this Act, said
27 Board shall, by resolution duly adopted and entered upon its
28 minutes, declare its purpose to conduct such work accordingly,
29 and shall at the same time and manner fix the number,
30 location, and boundaries of and description of lands within
31 such unit or units and give them appropriate numbers or names.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 As soon as practicable after the adoption and recording of
2 such resolution said Board of Supervisors shall publish notice
3 once a week for 2 consecutive weeks in a newspaper published
4 in Palm Beach County briefly describing the units into which
5 said District has been divided and the lands embraced in each
6 unit, giving the name, number, or other designation of such
7 units, requiring all owners of lands in said District to show
8 cause in writing before said Board of Supervisors at a time
9 and place to be stated in such notice why such division of
10 said District into such units should not be approved, and said
11 system of development by units should not be adopted and given
12 effect by said Board, and why the proceedings and powers
13 authorized by this Section of this Act should not be had,
14 taken, and exercised. At the time and place stated in said
15 notice, said Board of Supervisors shall hear all objections or
16 causes of objection (all of which shall be in writing) of any
17 landowners in said District to the matters mentioned and
18 referred to in such notice, and if no objections are made, or
19 if said objections, if made, shall be overruled by said Board,
20 then said Board shall enter in this minutes its finding and
21 order confirming said resolution, and may thereafter proceed
22 with the development, drainage, and reclamation of said
23 District by units pursuant to such resolution and to the
24 provisions of this Act. If, however, said Board of Supervisors
25 shall find as a result of such objections, or any of them, or
26 the hearing thereon, that the division of said District into
27 such units as aforesaid should not be approved or that said
28 system of development by units should not be adopted and given
29 effect, or that the proceedings and powers authorized by this
30 Section of this Act should not be had, taken, or exercised, or
31 that any other matter or thing embraced in said resolution
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 would not be in the best interest of the landowners of said
2 District or would be unjust or unfair to any landowner therein
3 or otherwise inconsistent with fair and equal protection and
4 enforcement of the rights of every landowner in said District,
5 then said Board of Supervisors shall not proceed further under
6 such resolution, but said Board of Supervisors may, as a
7 result of such hearing, modify or amend said resolution so as
8 to meet such objections so made, and thereupon said Board may
9 confirm said resolution as so modified or amended and may
10 thereafter proceed accordingly. The sustaining of such
11 objections and the rescinding of such resolutions shall not
12 exhaust the power of said Board under this Section; but, at
13 any time not less than 1 year after the date of the hearing
14 upon any such resolution, the Board of Supervisors may adopt
15 other resolutions under this Section and thereupon proceed on
16 due notice in like manner as above. If said Board of
17 Supervisors shall overrule or refuse to sustain any such
18 objections in whole or in part made by any landowner in the
19 District, or if any such landowner shall deem himself or
20 herself aggrieved by any action of the Board of Supervisors in
21 respect to any objections so filed, such landowner may, within
22 10 days after the ruling of said Board, file his or her bill
23 of complaint in the Circuit Court for Palm Beach County in
24 Chancery, against said District, praying an injunction or
25 other appropriate relief against the action or any part of
26 such action proposed by such resolution or resolutions of said
27 Board, and such suits shall be conducted like other Chancery
28 suits, except that said suits shall have preference over all
29 other pending actions except criminal actions and writs of
30 habeas corpus. Upon the hearing of said cause said circuit
31 court shall have the power to hear the objections and receive
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 the evidence thereon of all parties to such cause and approve
2 or disapprove said resolutions and action of said Board in
3 whole or in part, and to render such decree in such cause as
4 right and justice require. When said resolutions creating said
5 unit system shall be confirmed by the Board of Supervisors (or
6 by the Circuit Court for Palm Beach County, if such proposed
7 action shall be challenged by a landowner by the judicial
8 proceedings hereinabove authorized), said Board of Supervisors
9 may adopt a Plan or Plans of Reclamation for and in respect to
10 any or all such units, and to have the benefits and damages
11 resulting therefrom assessed and apportioned by Commissioners
12 appointed by the circuit court, and the report of the said
13 Commissioners considered and confirmed, all in like manner as
14 is provided in this Act in regard to Plans of Reclamation for
15 the assessments for benefits and damages of the entire
16 District. With respect to the Plan of Reclamation, notices,
17 appointment of Commissioners to assess benefits and damages,
18 report of Commissioners and notice and confirmation thereof,
19 the levy of assessments and taxes, including maintenance
20 taxes, and the issuance of bonds and all other proceedings as
21 to each and all of such units, said Board shall follow and
22 comply with the same procedure as is provided in this Act with
23 respect to the entire District; and said Board of Supervisors
24 shall have the same powers in respect to each and all of such
25 units as is by this Act vested in the Board with respect to
26 the entire District. All the provisions of this Act shall
27 apply to the drainage, reclamation, and improvement of each,
28 any, and all of such units, and the enumeration of or
29 reference to specific powers of duties of the Supervisors or
30 any other officers or other matters in this Act as hereinabove
31 set forth, shall not limit or restrict the application of any
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 and all of the proceedings and powers herein to the drainage
2 and reclamation of such units as fully and completely as if
3 such unit or units were specifically and expressly named in
4 every section and clause of this Act where the entire District
5 is mentioned or referred to. All assessments, levies, taxes,
6 bonds, and other obligations made, levied, assessed, or issued
7 for or in respect to any such unit or units shall be a lien
8 and charge solely and only upon the lands in such unit or
9 units, respectively, for the benefit of which the same shall
10 be levied, made, or issued, and not upon the remaining units
11 or lands in said District. The Board of Supervisors may at any
12 time amend its said resolutions by changing the location and
13 description of lands in any such unit or units, provided that,
14 if the location of or description of lands located in any such
15 unit or units is so changed, notice of such change shall be
16 published as hereinabove required in this section for notice
17 of the formation or organization of such unit or units, and
18 all proceedings shall be had and done in that regard as are
19 provided in this Section for the original creation of such
20 unit or units. However, no lands against which benefits shall
21 have been assessed may be detached from any such unit after
22 the confirmation of the Commissioners' report of benefits in
23 such unit or units or the issuance of bonds or other
24 obligations which are payable from taxes or assessments for
25 benefits levied upon the lands within such unit or units.
26 However, if, after the confirmation of the
27 Commissioners' report of benefits in such unit or units, or
28 the issuance of bonds or other obligations which are payable
29 from taxes or assessments for benefits levied upon lands
30 within such unit or units, the Board of Supervisors finds the
31 Plan of Reclamation for any such unit or units insufficient or
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 inadequate for efficient development, the Plan of Reclamation
2 may be amended or changed as provided herein, and the unit or
3 units may be amended or changed as provided in this Section,
4 by changing the location and description of lands in any such
5 unit or units, by detaching lands therefrom or by adding lands
6 thereto, upon the approval of at least 51 percent of the
7 landowners according to acreage, in any such unit and of all
8 of the holders of bonds issued in respect to any such unit,
9 and provided that in such event all assessments, levies,
10 taxes, bonds, and other obligations made, levied, assessed,
11 incurred, or issued in respect to any such unit or units may
12 be allocated and apportioned to the amended unit or units in
13 proportion to the benefits assessed by the Commissioners'
14 report for the amended Plan of Reclamation and said report
15 shall specifically provide for such allocation and
16 apportionment. The landowners and all of the bondholders shall
17 file their approval of or objections to such amended Plan of
18 Reclamation within the time provided herein and shall file
19 their approval of or objections to the amendment of such unit
20 as provided in this Section.
21 No lands shall be detached from any unit after the
22 issuance of bonds or other obligations for such unit except
23 upon the consent of all the holders of such bonds or other
24 obligations. In the event of the change of the boundaries of
25 any unit as provided herein and the allocation and
26 apportionment to the amended unit or units of assessments,
27 levies, taxes, bonds, and other obligations in proportion to
28 the benefits assessed by the Commissioners' report for the
29 amended Plan of Reclamation, the holders of bonds or other
30 obligations heretofore issued for the original unit who
31 consent to such allocation and apportionment shall be entitled
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 to all rights and remedies against any lands added to the
2 amended unit or units as fully and to the same extent as if
3 such added lands had formed and constituted a part of the
4 original unit or units at the time of the original issuance of
5 such bonds or other obligations, and regardless of whether the
6 holders of such bonds or other obligations are the original
7 holders thereof or the holders from time to time hereafter,
8 and the rights and remedies of such holders against the lands
9 in the amended unit or units, including any lands added
10 thereto, under such allocation and apportionment, shall
11 constitute vested and irrevocable rights and remedies to the
12 holders from time to time of such bonds or other obligations
13 as fully and to the same extent as if such bonds or other
14 obligations had been originally issued to finance the
15 improvements in such amended unit or units under such amended
16 Plan of Reclamation.
17 Section 13. Minimum charter requirements.--In
18 accordance with section 189.404(3), Florida Statutes, the
19 following subsections shall constitute the charter of the
20 Shawano Water Control District:
21 (1) The District is organized and exists for all
22 purposes set forth in this Act and chapter 298, Florida
23 Statutes, as they may be amended from time to time.
24 (2) The powers, functions, and duties of the District
25 regarding ad valorem taxation, bond issuance, other
26 revenue-raising capabilities, budget preparation and approval,
27 liens and foreclosure of liens, use of tax deeds and tax
28 certificates as appropriate for non-ad valorem assessments,
29 and contractual agreements shall be as set forth in chapters
30 170, 189, 197, and 298, Florida Statutes, or any other
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 applicable general or special law, as they may be amended from
2 time to time.
3 (3) The District's charter may be amended only by
4 special act of the Legislature.
5 (4) In accordance with chapter 189, Florida Statutes,
6 this Act, and section 298.11, Florida Statutes, the District
7 is governed by a three-member Board, elected on a one-acre,
8 one-vote basis by the landowners in the District; however,
9 landowners owning less than 1 acre shall be entitled to one
10 vote. Landowners with more than 1 acre shall be entitled to
11 one additional vote for any fraction of an acre greater than
12 1/2 acre owned, when all of the landowner's acreage has been
13 aggregated for purposes of voting. The membership and
14 organization of the Board shall be as set forth in this Act
15 and chapter 298, Florida Statutes, as they may be amended from
16 time to time.
17 (5) The compensation of Board members shall be
18 governed by this Act and chapter 298, Florida Statutes, as
19 they may be amended from time to time.
20 (6) The administrative duties of the Board of
21 Supervisors shall be as set forth in this Act and chapter 298,
22 Florida Statutes, as they may be amended from time to time.
23 (7) Requirements for financial disclosure, meeting
24 notices, reporting, public records maintenance, and per diem
25 expenses for officers and employees shall be as set forth in
26 chapters 112, 189, 286, and 298, Florida Statutes, as they may
27 be amended from time to time.
28 (8) The procedures and requirements governing the
29 issuance of bonds, notes, and other evidence of indebtedness
30 by the District shall be as set forth in chapter 298, Florida
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
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 14. Ratification of prior acts.--All acts and
29 proceedings of the Circuit Court taken by, for, and on behalf
30 of the District since the creation thereof, and all of the
31 acts and proceedings of the Board of Supervisors, the
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 861
766-109-01
1 Commissioners, and all other officers and agents of the
2 District, and of the County, acting for and on behalf of the
3 District, and any and all tax levies and assessments which
4 have been made by the Board of Supervisors for and on behalf
5 of the District, are each and every one of them, and each and
6 every part thereof, hereby 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 when strict construction would result in the
11 defeat of the accomplishment of any part of the work
12 authorized by this act and a liberal construction would permit
13 or assist in the accomplishment of any part of the work
14 authorized by this act, the liberal construction shall be
15 chosen.
16 Section 5. If any section, subsection, sentence,
17 clause, or phrase of this act is held to be unconstitutional,
18 such holding shall not affect the validity of the remaining
19 portions of the act, the Legislature hereby declaring that it
20 would have passed this act and each section, subsection,
21 sentence, clause, and phrase thereof, irrespective of any
22 other separate section, subsection, sentence, clause, or
23 phrase thereof, and irrespective of the fact that any one or
24 more other sections, subsections, sentences, clauses, or
25 phrases thereof may be declared unconstitutional.
26 Section 6. Chapters 11864 (1927), 13579 (1929), 24254
27 (1947), 25328 (1949), 28406 (1953), 57-488, and 63-863, Laws
28 of Florida, are repealed.
29 Section 7. This act shall take effect upon becoming a
30 law.
31
30
CODING: Words stricken are deletions; words underlined are additions.