House Bill hb0865

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    Florida House of Representatives - 2001                 HB 865

        By Representative Harper






  1                      A bill to be entitled

  2         An act relating to Indian Trail Improvement

  3         District, Palm Beach County; providing for

  4         codification of special laws relating to the

  5         Indian Trail Improvement District, a special

  6         tax district of the State of Florida; providing

  7         legislative intent; codifying, repealing,

  8         reenacting, and amending special acts relating

  9         to the district; providing for minimum charter

10         requirements; amending the boundaries of the

11         District to include additional lands; providing

12         for Supervisor qualifications, terms of office,

13         and election procedures; providing for

14         provisions of other laws made applicable;

15         providing for ratification of prior actions;

16         providing for severability; providing an

17         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 Indian Trail Improvement District, an

24  independent special district and public subdivision of the

25  State of Florida. It is the intent of the Legislature in

26  enacting this law to provide a single, comprehensive special

27  act charter for the District, including all current

28  legislative authority granted to the District by its several

29  legislative enactments and any additional authority granted by

30  this act. It is further the intent of this act to preserve all

31  

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    Florida House of Representatives - 2001                 HB 865

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  1  District authority, including the authority to annually assess

  2  and levy against the taxable property in the District.

  3         Section 2.  Chapters 57-646, 67-692, 80-569, 82-352,

  4  83-491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473,

  5  Laws of Florida, are codified, reenacted, amended, and

  6  repealed as herein provided.

  7         Section 3.  The charter for the Indian Trail

  8  Improvement District is re-created and reenacted to read:

  9         Section 1.  In accordance with section 189.404(3),

10  Florida Statutes, the following are the minimum requirements

11  for the charter of the Indian Trail Improvement District:

12         (a)  The District is organized and exists for all

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

14  Statutes, as they may be amended from time to time, except as

15  herein otherwise provided.

16         (b)  The powers, functions, and duties of the District

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

18  revenue-raising capabilities, budget preparation and approval,

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

20  certificates as appropriate for non-ad valorem assessments,

21  and contractual agreements shall be as set forth in chapters

22  189, 197, and 298, Florida Statutes, this act, or any other

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

24  time to time.

25         (c)  The District was created by chapter 57-646, Laws

26  of Florida.

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

28  special act of the Legislature.

29         (e)  In accordance with chapter 57-646, Laws of

30  Florida, and the subsequent amendatory special acts of the

31  Legislature, the District is governed by a Board of

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  1  Supervisors. The membership and organization of the Board

  2  shall be as set forth in this act, as it may be amended from

  3  time to time.

  4         (f)  The compensation of Board members shall be

  5  governed by this act, as it may be amended from time to time.

  6         (g)  The administrative duties of the Board shall be as

  7  set forth in this act, as it may be amended from time to time.

  8         (h)  Requirements for financial disclosure, meeting

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

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

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

12  be amended from time to time.

13         (i)  The procedures and requirements governing the

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

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

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

17  amended from time to time.

18         (j)  The procedures for conducting District elections

19  and for qualification of electors shall be pursuant to

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

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

22         (k)  The District may be financed by any method

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

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

25  amended from time to time.

26         (l)  In accordance with chapter 298, Florida Statutes,

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

28  property in the District a special tax each year as

29  maintenance tax.

30         (m)  The method for collecting non-ad valorem

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

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

  2  from time to time.

  3         (n)  The District's planning requirements shall be as

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

  5  may be amended from time to time.

  6         Section 2.  District created and boundaries

  7  thereof.--For the purpose of reclaiming and draining the lands

  8  hereinafter described and protecting said lands from the

  9  effects of water by means of the construction and maintenance

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

11  drainage works and improvements, and for the purpose of making

12  the lands within said District available and habitable for

13  settlement and agriculture, and for the public convenience,

14  welfare, utility, and benefit, and for the other purposes

15  stated in this act, a drainage district is hereby created and

16  established in Palm Beach County, Florida, to be known as the

17  Indian Trail Improvement District, a drainage district, the

18  territorial boundaries of which shall include the following

19  land, to-wit:

20  

21         TOWNSHIP 42, SOUTH, RANGE 39 EAST

22  

23         The south one-half (S 1/2) of Sections 13, 14

24         and 15; all of Sections 21, 22, 23, 24, 25, 26,

25         27 and 28; the north one-half (N 1/2) of

26         Section 29 and all that part of Section 36

27         lying north and east of the north easterly

28         right of way line of levee L-8, a project in

29         the plan of water control of the Central and

30         Southern Florida Flood Control District.

31  

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    Florida House of Representatives - 2001                 HB 865

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  1         TOWNSHIP 42, SOUTH, RANGE 40 EAST

  2  

  3         The south one-half (S 1/2) of Sections 13, 14,

  4         15, 16, 17 and 18; all of Sections 19, 20, 21,

  5         22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,

  6         34, 35 and 36.

  7  

  8         TOWNSHIP 42 SOUTH, RANGE 41 EAST

  9  

10         The West 1/2 of Section 14, lying South of the

11         right-of-way for North Lake Boulevard, the same

12         being a part of Stonewal Estates Plat One as

13         recorded in Plat Book 47, pages 12 thru 17

14         inclusive, all in Palm Beach County, Florida;

15         the West one-half (W 1/2) of Section 23 and all

16         of Section 26; all of Sections 31, 33, 34 and

17         35.

18  

19         TOWNSHIP 43 SOUTH, RANGE 39 EAST

20  

21         All of Sections 1, 2, 11, 12, 13, 14, 23 and

22         24; all that part of Sections 25, 26 and 36

23         lying north and east of the northeasterly right

24         of way line of levee L-12, a project in the

25         plan of water control of the Central and

26         Southern Florida Flood Control District.

27  

28         TOWNSHIP 43 SOUTH, RANGE 40 EAST

29  

30         All of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

31         11, 14, 15, 17, 18, 20, 21, 22, 23 and 26; the

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  1         north one-half (N 1/2) and the west

  2         three-quarters of the south one-half (W-3/4 of

  3         S 1/2) of Section 12; the west three-quarters

  4         (W-3/4) of Section 13, 24 and 25; all that part

  5         of Section 35 lying north of the northerly

  6         right of way line of State Road 80; all that

  7         part of the West three-quarters (W-3/4) of

  8         Section 36 lying north of the northerly right

  9         of way line of State Road 80, and all that part

10         of the West one-half (W 1/2) of Section 31,

11         lying north and east of the northerly and

12         easterly right of way lines of State Road 80,

13         and Levee L-12 a project in the plan of water

14         control of the Central and Southern Florida

15         Flood Control District.

16  

17         TOWNSHIP 43 SOUTH, RANGE 41 EAST

18  

19         All of sections 1, 2, 4, 5, 6, 9, 10, 11, 14,

20         15, 23 and 26; the north one-half (N 1/2) of

21         Sections 7 and 8; the east one-half (E 1/2) and

22         the east one-half of the southwest one-quarter

23         (E 1/2 of SW 1/4) of Section 22; the west

24         one-quarter (W 1/4) of Section 24; the north

25         west one-quarter (NW 1/4) of Section 25; the

26         east three-quarters (E-3/4) of Section 27; all

27         that part of the east one-half of the west

28         one-half (E 1/2 of W 1/2) of Section 34 lying

29         north of the northerly right of way line of

30         State Road 80; and all that part of the west

31         one-half (W 1/2) of Section 35 lying north of

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  1         the northerly right of way line of State Road

  2         80.

  3  

  4                         PARCEL 1

  5  

  6         A parcel of land lying in the South 587.82 feet

  7         of Section 15, Township 42 South, Range 41

  8         East, Palm Beach County, Florida, Being bounded

  9         as follows:

10  

11         Bounded on the South by the South line of said

12         Section 15.

13  

14         Bounded on the West by the right-of-way for

15         Coconut Boulevard as recorded in Official

16         Records Book 5778, Page 1279, Public Records,

17         Palm Beach County, Florida.

18  

19         Bounded on the North by the right-of-way for

20         Lake Park West Road as recorded in Official

21         Records Book 1229, Page 131, Public Records,

22         Palm Beach County, Florida.

23  

24         Bounded on the East by the right-of-way for

25         120th Avenue North as recorded in Official

26         Records Book 1229, Page 135, Public Records,

27         Palm Beach County, Florida.

28  

29         Containing: 35.15 acres, more or less.

30  

31                         PARCEL 2

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  1  

  2         A parcel of land lying in the South 587.82 feet

  3         of Section 15, Township 42 South, Range 41

  4         East, Palm Beach County, Florida, being bounded

  5         as follows:

  6  

  7         Bounded on the South by the South line of said

  8         Section 15.

  9  

10         Bounded on the West by the right-of-way as

11         recorded in Official Records Book 1229, Page

12         135, Public Records, Palm Beach County,

13         Florida.

14  

15         Bounded on the North by the right-of-way for

16         Lake Park West Road as recorded in Official

17         Records Book 1229, Page 131, Public Records,

18         Palm Beach County, Florida.

19  

20         Bounded on the East by the right-of-way for

21         Coconut Boulevard as recorded in Official

22         Records Book 5778, Page 1279, Public Records,

23         Palm Beach County, Florida.

24  

25         Containing: 30.71 acres, more or less.

26  

27                         PARCEL 3

28  

29         A parcel of land lying in the South 587.82 feet

30         of Section 16, Township 42 South, Range 41

31  

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    Florida House of Representatives - 2001                 HB 865

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  1         East, Palm Beach County, Florida, being bounded

  2         as follows:

  3  

  4         Bounded on the South by the South line of said

  5         Section 16.

  6  

  7         Bounded on the West by the right-of-way for

  8         140th Avenue North as recorded in Official

  9         Records Book 1229, Page 183, Public Records,

10         Palm Beach County, Florida.

11  

12         Bounded on the North by the right-of-way for

13         Lake Park West Road as recorded in Official

14         Records Book 1229, Page 125, Public Records,

15         Palm Beach County, Florida.

16  

17         Bounded on the East by the East line of the

18         West one-half of said Section 16.

19  

20         Containing: 35.31 acres, more or less.

21  

22                         PARCEL 4

23  

24         A parcel of land lying in the South 587.82 feet

25         of Section 17, Township 42 South, Range 41

26         East, Palm Beach County, Florida, being bounded

27         as follows:

28  

29         Bounded on the South by the South line of said

30         Section 17.

31  

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    Florida House of Representatives - 2001                 HB 865

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  1         Bounded on the West by the West line of the

  2         East one-half of said Section 17.

  3  

  4         Bounded on the North by the right-of-way for

  5         Lake Park West Road as recorded in Official

  6         Records Book 1229, Page 125, Public Records,

  7         Palm Beach County, Florida.

  8  

  9         Bounded on the East by the right-of-way for

10         140th Avenue North as recorded in Official

11         Records Book 1229, Page 133, Public Records,

12         Palm Beach County, Florida.

13  

14         Containing: 35.73 acres, more or less.

15  

16         Section 3.  Provisions of chapter 298, Florida

17  Statutes, made applicable.--The Indian Trail Improvement

18  District shall be a public corporation of this state. The

19  provisions of the general drainage laws of Florida applicable

20  to drainage districts or subdrainage districts which are

21  embodied in chapter 298, Florida Statutes, and all of the laws

22  amendatory thereof, now existing or hereafter enacted, so far

23  as not inconsistent with this act, are hereby declared to be

24  applicable to said Indian Trail Improvement District. Said

25  Indian Trail Improvement District shall have all of the powers

26  and authorities mentioned in or conferred by said chapter 298,

27  Florida Statutes, and acts amendatory thereof, except as

28  herein otherwise provided.

29         Section 4.  Provisions of chapter 153, Florida

30  Statutes, made applicable.--The provisions of chapter 153,

31  Florida Statutes, and all the laws amendatory thereof, now

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  1  existing or hereafter enacted, so far as not inconsistent with

  2  this act, are hereby declared to be applicable to said Indian

  3  Trail Improvement District. Said Indian Trail Improvement

  4  District shall have all of the powers and authorities

  5  mentioned in or conferred by said chapter 153, Florida

  6  Statutes, and acts amendatory thereof. Where referred to in

  7  said chapter 153, Florida Statutes, the word "county" or

  8  "counties" shall mean this District, the term "county

  9  commission" or the word "commission" shall mean the Board of

10  Supervisors of this District, the word "engineer" shall mean

11  the engineer for this District, the term "county tax assessor"

12  shall mean the County Tax Collector or the Treasurer of the

13  District whichever is collecting the taxes of the District in

14  the discretion of the Board of Supervisors, and all other

15  words or terms in said chapter 153, Florida Statutes, shall be

16  so construed so as to refer and be applicable to this

17  District.

18         Section 5.  Powers of the District.--Said District

19  shall have the power to sue and be sued by its name in any

20  court of law or in equity, to make contracts, to adopt and use

21  a corporate seal and to alter the same at pleasure; to acquire

22  by purchase, gift, or condemnation real and personal property,

23  either or both, within or without the District, and to convey

24  and dispose of such real and personal property, either or

25  both, as may be necessary or convenient to carry out the

26  purposes, or any of the purposes, of this act, and chapters

27  298 and 153, Florida Statutes; to construct, operate, and

28  maintain canals, ditches, drains, levees, and other works for

29  drainage purposes; to acquire, purchase, operate, and maintain

30  pumps, plants, and pumping systems for drainage purposes; to

31  construct, operate, and maintain irrigation works, machinery,

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  1  and plants; to construct, improve, pave, and maintain roadways

  2  and roads necessary and convenient for the exercise of the

  3  powers or duties or any of the powers or duties of said

  4  District or the Supervisors thereof; and, in furtherance of

  5  the purposes and intent of this act and chapter 298, Florida

  6  Statutes, to construct, improve, pave, and maintain roadways

  7  and roads necessary and convenient to provide access to and

  8  efficient development of areas made suitable and available for

  9  cultivation, settlement, and other beneficial use and

10  development as a result of the drainage and reclamation

11  operations of the District; included as a component of roads

12  in a water control plan parkways, bridges, landscaping,

13  irrigation, bicycle and jogging paths, street lighting,

14  traffic signals, road striping, and all other customary

15  elements of a modern road system; however, as it relates to

16  traffic signals, the District must obtain authorization from

17  the appropriate state or local government prior to expending

18  funds; to construct, operate, and maintain gas mains and

19  facilities for the distribution of natural gas and to purchase

20  natural gas for distribution in the District; to construct and

21  maintain recreation areas and facilities, including the

22  authority to provide for the construction, operation, and

23  maintenance of such recreation areas and facilities through

24  the District's maintenance taxes and user fees; provide

25  recreation and playground equipment; employ supervisory

26  personnel; organize and sponsor community and athletic teams

27  and events; provide liability insurance to cover such

28  projects; lease recreation areas and facilities to nonprofit

29  community corporations or groups; and provide any other

30  programs and elements of recreation areas and facilities,

31  including trails, the enumeration of the same not being

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  1  exclusive; to borrow money and issue negotiable or other bonds

  2  of said District as hereinafter provided; to borrow money,

  3  from time to time, and issue negotiable or other notes of said

  4  District therefor, bearing interest at the rate as provided by

  5  law, in anticipation of the collection of taxes, levies, and

  6  assessments or revenues of said District, and to pledge or

  7  hypothecate such taxes, levies, assessments, and revenues to

  8  secure such bonds, notes, or obligations, and to sell,

  9  discount, negotiate, and dispose of the same; and to exercise

10  all other powers necessary, convenient, or proper in

11  connection with any of the powers or duties of said District

12  stated in this act. The powers and duties of said District

13  shall be exercised through the Board of Supervisors thereof,

14  which Board shall have the authority to employ engineers,

15  attorneys, agents, employees, and representatives as the Board

16  of Supervisors may from time to time determine, and to fix

17  their compensation and duties.

18         There shall be adopted by resolution such rules,

19  policies, guidelines, and procedures which will thereby

20  authorize the District, at its discretion, to elect to use

21  either a public bid or private negotiation process for the

22  letting of contracts and purchase orders for works and

23  improvements of the District, including procurement of

24  personal property, commodities, and services, when the cost of

25  said works and improvements, personal property, commodities,

26  and services do not exceed the category two amount set forth

27  in section 287.017, Florida Statutes.

28         Section 6. Board of Supervisors; organizations; terms

29  of office; election; vacancy.--

30         (a)  Organization.--

31  

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  1         (1)  There shall be a five-member Board of Supervisors

  2  of the District consisting of Supervisors each elected from

  3  the District by areas and representing the District at large.

  4         (2)  There shall be five separate Board of Supervisors'

  5  seats to be designated as seat 1, seat 2, seat 3, seat 4, and

  6  seat 5. The candidates shall qualify for a seat which

  7  corresponds to the area in which they reside and the

  8  Supervisors elected for these seats hold seats 1 through 5,

  9  respectively.

10         (3)  To qualify for office:

11         (A)  Each candidate for the office of District

12  Supervisor shall be a qualified elector of the District.

13         (B)  At the time of qualification, each candidate for a

14  Board of Supervisors' seat shall reside within the boundaries

15  of an activated unit of the District, and, if elected, shall

16  maintain such residency throughout the term of office.

17         (C)  Each candidate for the office of District

18  Supervisor shall qualify by area or seat as follows:

19         Each candidate shall qualify only for the seat

20  corresponding to the area in which the candidate resides.

21         The attorney for the District shall prepare a plan

22  which defines the boundaries of 5 consecutively numbered areas

23  comprising the activated units of the District. The 5 areas

24  shall be evenly proportioned in acreage. The proposed plan

25  shall be presented to the Board of Supervisors at a meeting of

26  the Board to be held prior to June 1, 2002.

27         At such meeting, the Board of Supervisors shall hold a

28  public hearing upon due public notice, at which time the

29  residents of the District shall have an opportunity to be

30  heard. At said meeting, the Board of Supervisors shall adopt

31  

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  1  by resolution a plan which defines the boundaries of said 5

  2  areas.

  3         After 2002, the Board of Supervisors shall redistrict

  4  prior to June 1 of each election year only if the boundaries

  5  of the activated units of the District have changed since the

  6  last redistricting.

  7         (b)  Terms of office.--

  8         (1)  The term of office for Supervisors shall be

  9  staggered as follows: three candidates receiving the highest

10  number of votes shall serve a term of 4 years; the remaining

11  two candidates shall serve initial terms of 2 years each.

12  Thereafter, the terms of all Supervisors shall be for 4 years.

13         (2)  Each Supervisor shall remain in office until his

14  or her successor is elected and assumes the duties of the

15  position.

16         (3)  The term of every Supervisor who is currently

17  holding office shall be extended from September 2002 until

18  November 2002 to coincide with the first election held

19  pursuant to this section.

20         (c)  Elections.--

21         (1)  Any person who is a resident of an activated unit

22  of development of the District who has qualified as an elector

23  of this state and who registers in the manner prescribed by

24  law shall be an elector of the District.

25         (2)  All elections for the District Supervisors shall

26  be conducted on a nonpartisan basis without any designation of

27  political party affiliation.

28         (3)  Any person who wishes to become a candidate for a

29  District Supervisor's seat shall qualify with the county

30  Supervisor of Elections in accordance with the provisions of

31  the Florida Election Code.

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  1         (4)  The regular nonpartisan District election shall be

  2  held on the first Tuesday after the first Monday in November

  3  of each even-numbered year, beginning in November 2002. If

  4  there are more than two candidates who qualify for any office,

  5  a primary election shall be held at the same time as the first

  6  primary election.

  7         (5)  An election to fill the remainder of an unexpired

  8  term shall be held as provided in this subsection.

  9         (6)  If only one candidate qualifies for an office,

10  said candidate shall be deemed to be elected. If two

11  candidates qualify for an office, the names of those

12  candidates shall be placed on the ballot at the general

13  election. If more than two candidates qualify for an office,

14  the names of those candidates shall be placed on the ballot at

15  the first primary election. If no candidate receives a

16  majority of the votes cast for an office in the primary

17  election, the two candidates receiving the highest vote for

18  such office shall be placed on the ballot at the general

19  election, provided that:

20         (A)  In any contest in which there is a tie for second

21  place, the name of the candidate placing first and the names

22  of the candidates tying for second shall be placed upon the

23  general election ballot.

24         (B)  The candidate receiving the highest number of

25  votes cast for the office in the general election shall be

26  elected to such office. If the vote at the general election

27  results in a tie, the outcome shall be determined by lot.

28         (7)  Elected or reelected Supervisors shall be inducted

29  into office at the first regularly scheduled meeting following

30  certification of the election.

31         (d)  Filling of vacancies.--

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  1         (1)  If any Board member fails to attend 3 consecutive

  2  meetings without cause and without prior approval of the

  3  Chair, that member shall be deemed to have committed neglect

  4  of duty and may be subject to the provisions of chapter 112,

  5  Florida Statutes.

  6         (2)  If any vacancy occurs in the office of any

  7  District Supervisor and the remainder of the unexpired term is

  8  less than or equal to 2 years and 81 days, the remaining

  9  Supervisors shall, within 30 days following the occurrence of

10  such vacancy, by majority vote, appoint a person to fill the

11  vacancy for the remainder of the unexpired term. If, however,

12  the remainder of the unexpired term exceeds 2 years and 81

13  days, the remaining Supervisors shall, within 30 days

14  following the occurrence of such vacancy, by majority vote,

15  appoint a person to fill the vacancy until the next regularly

16  scheduled District election.

17         (3)  Any person appointed to fill a vacant seat on the

18  Board of Supervisors shall be required to meet the

19  qualifications of the seat to which that person is appointed.

20         Section 7.  Meeting of landowners; public

21  hearings.--The Board of Supervisors shall have the power to

22  call special meetings of the landowners at any time to receive

23  reports of the Board of Supervisors or consider and act upon

24  any matter upon which the Board of Supervisors shall request

25  advice. Notice of all meetings of the landowners shall be

26  given by the Board of Supervisors by causing publication

27  thereof to be made for 2 consecutive weeks prior to such

28  meeting in some newspaper published in Palm Beach County. The

29  meetings of the landowners shall be held in some public place

30  in said county, and the place, day, and hour of holding such

31  meetings shall be stated in the notice. The landowners when

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  1  assembled shall organize by electing a Chair, who shall

  2  preside at the meeting.

  3         Prior to adopting the annual budget, authorizing a

  4  special assessment, or making a material expenditure, as

  5  hereinafter defined, the Board of Supervisors shall hold a

  6  public hearing upon due public notice, at which time the

  7  landowners in the District shall have an opportunity to be

  8  heard. At such hearings, the Board of Supervisors shall hear

  9  comments from those landowners who will be directly affected

10  by the issue which is the subject of the public hearing. For

11  purposes of this section, "material expenditure" shall mean an

12  expenditure for a line item in the budget which exceeds, on a

13  cumulative basis, the amount of such line item by 10 percent

14  during each fiscal year. Notwithstanding the foregoing, an

15  expenditure which does not exceed $1,000, cumulatively, shall

16  not be a material expenditure. For purposes of this act, due

17  public notice shall mean publication of notice of the time,

18  place, and purpose of the scheduled meeting or hearing for 2

19  consecutive weeks in some newspaper of general circulation

20  published in Palm Beach County. The Board of Supervisors shall

21  not be required to hold a public hearing prior to making a

22  material expenditure if the Board, in its best judgment,

23  determines that an emergency exists.

24         Section 8.  Installment and maintenance taxes; levied

25  and apportioned and the collection thereof.--Taxes shall be

26  levied and apportioned as provided for in chapter 298, Florida

27  Statutes, and amendments thereto.

28         Section 9.  Enforcement of taxes and discounts.--

29         (a)  The collection and enforcement of all taxes levied

30  by said District shall be at the same time and in like manner

31  as county taxes, and the provisions of the Florida Statutes

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  1  relating to the sale of lands for unpaid and delinquent county

  2  taxes, the issuance, sale, and delivery of tax certificates

  3  for such unpaid and delinquent county taxes, the redemption

  4  thereof, the issuance to individuals of tax deeds based

  5  thereon, and all other procedures in connection therewith,

  6  shall be applicable to said District and the delinquent and

  7  unpaid taxes of said District to the same extent as if said

  8  statutory provisions were expressly set forth in this act. All

  9  taxes shall be subject to the same discounts as county taxes.

10  All discounts allowed shall be a charge against the

11  maintenance tax only.

12         (b)  When unpaid taxes delinquent; penalty.--All taxes

13  levied by the District shall be and become delinquent and bear

14  penalties on the amount of said taxes in the same manner as

15  county taxes.

16         Section 10.  Taxes and costs; a lien on land against

17  which taxes levied; taxes levied a lien of equal dignity with

18  other taxes.--All drainage taxes levied by the District,

19  together with all penalties for default in payment of the same

20  and all costs in collecting the same, shall constitute a lien

21  of equal dignity with the liens for county taxes, and other

22  taxes of equal dignity with county taxes, upon all the lands

23  against which said taxes shall be levied. A sale of any of the

24  lands within the District for county or other taxes shall not

25  operate to relieve or release the lands so sold from the lien

26  for subsequent installments of District taxes, which lien may

27  be enforced against such lands as though no such sale thereof

28  had been made.

29         Section 11.  Uniform acreage tax for payment of

30  expenses.--There is hereby levied by the Legislature upon each

31  and every acre of land within the Indian Trail Improvement

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  1  District as defined in this act a uniform tax of $50 per acre

  2  to be used by the District, through its Board of Supervisors,

  3  for the purpose of paying expenses incurred or to be incurred

  4  in making surveys of the lands in said District, assessing

  5  benefits and damages and other expenses necessarily incurred,

  6  as may be estimated or determined by the Board of Supervisors,

  7  before the Board of Supervisors shall be in funds under the

  8  subsequent provisions of this act. Such tax shall become due

  9  and payable on the first day of November of each year, and

10  shall become delinquent 90 days thereafter. Said tax shall be

11  a lien upon the lands in the District from the date of the

12  enactment of this act and shall be collected in the same

13  manner as the annual installment of taxes. If it shall appear

14  to the Board of Supervisors to be necessary to obtain funds to

15  pay any expenses incurred or to be incurred in organizing the

16  District, making surveys, preparing the water control plan, or

17  other expenses of the conduct and operation of the District

18  before a sufficient sum can be obtained by the collection of

19  the acreage tax levied by this section of this act, the Board

20  of Supervisors may borrow a sufficient sum of money for any of

21  said purposes at a rate of interest as provided by general

22  law, and may issue negotiable notes or bonds therefor signed

23  by the members of the Board of Supervisors, and may pledge any

24  and all assessments of said acreage tax levied under the

25  provisions of this section for the repayment thereof. The

26  Board of Supervisors may issue to any person or persons

27  performing work or services or furnishing anything of value in

28  the organization of the District or making surveys of the same

29  and assessing benefits or damages or preparing the water

30  control plan and other expenses necessarily incurred before

31  the receipt of funds arising from assessments or benefits,

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  1  negotiable evidence of debt bearing interest at the rate as

  2  provided by general law.

  3         Section 12.  Bonds may be issued; sale and disposition

  4  of proceeds; interest; levy to pay bonds; bonds and duties of

  5  treasurer, etc.--The Board of Supervisors may, if in its

  6  judgment it seems best, issue bonds not to exceed 90 percent

  7  of the total amount of the taxes levied under the provisions

  8  of section 298.36, Florida Statutes, in denominations of not

  9  less than $100, bearing interest from date at a rate not to

10  exceed the rate as provided by general law, payable annually

11  or semiannually, to mature at annual intervals within 40 years

12  commencing after a period of not later than 10 years, to be

13  determined by the Board of Supervisors, both principal and

14  interest payable at some convenient place designated by the

15  Board of Supervisors to be named in said bonds, which said

16  bonds shall be signed by the President of the Board of

17  Supervisors, attested with the seal of said District and by

18  the signature of the Secretary of said Board. All of said

19  bonds shall be executed and delivered to the Treasurer of said

20  District, who shall sell the same in such quantities and at

21  such dates as the Board of Supervisors may deem necessary to

22  meet the payments for the works and improvements in the

23  District. Said bonds shall not be sold for less than 90 cents

24  on the dollar, with accrued interest, shall show on their face

25  the purpose for which they are issued, and shall be payable

26  out of moneys derived from the aforesaid taxes. A sufficient

27  amount of the drainage tax shall be appropriated by the Board

28  of Supervisors for the purpose of paying the principal and

29  interest of said bonds, and the same shall, when collected, be

30  preserved in a separate fund for that purpose and no other.

31  All bonds and coupons not paid at maturity shall bear interest

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  1  at the rate as provided by general law, or until sufficient

  2  funds have been deposited at the place of payment, and said

  3  interest shall be appropriated by the Board of Supervisors out

  4  of the penalties and interest collected on delinquent taxes or

  5  other available funds of the District. However, in the

  6  discretion of the Board, it may be provided that at any time

  7  after such date as shall be fixed by the Board, said bonds may

  8  be redeemed before maturity at the option of said Board, or

  9  the successors in office, by being made callable prior to

10  maturity at such times and upon such prices and terms and

11  other conditions as said Board shall determine. If any bond so

12  issued subject to redemption before maturity shall not be

13  presented when called for redemption, it shall cease to bear

14  interest from and after the date so fixed for redemption.

15         The Board of Supervisors of said District shall have

16  authority to issue refunding bonds to take up any outstanding

17  bonds and any interest accrued thereon, when in the judgment

18  of said Board, it shall be for the best interest of the

19  District to do so. The Board is hereby authorized and

20  empowered to issue refunding bonds to take up and refund all

21  bonds of said District outstanding that are subject to call

22  and prior redemption, and all interest accrued to the date of

23  such call or prior redemption, and all bonds of said District

24  that are not subject to call or redemption, together with all

25  accrued interest thereon, when the surrender of said bonds can

26  be procured from the holders thereof at prices satisfactory to

27  the Board or can be exchanged for such outstanding bonds with

28  the consent of the holders thereof. Such refunding bonds may

29  be issued at any time that in the judgment of said Board it

30  will be to the interest of the District financially or

31  economically to secure a lower rate of interest on said bonds

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  1  or by extending the time of maturity of said bonds, or for any

  2  other reason in the judgment of said Board advantageous to

  3  said District. Such refunding bonds may mature at any time or

  4  times in the discretion of said Board, not later, however,

  5  than 40 years from the date of issuance of said refunding

  6  bonds. Said refunding bonds shall bear such date of issue, and

  7  such other details as said Board shall determine and may in

  8  the discretion of said Board be made callable prior to

  9  maturity at such times and upon such prices and terms and

10  other conditions as said Board shall determine. All the other

11  applicable provisions of this act not inconsistent therewith

12  shall apply fully to said refunding bonds, and the holders

13  thereof shall have all the rights, remedies, and security of

14  the outstanding bonds refunded, except as may be provided

15  otherwise in the resolution of the Board authorizing the

16  issuance of such refunding bonds. Any funds available in the

17  sinking fund for the payment of the principal and interest of

18  outstanding bonds may be retained in the fund to be used for

19  the payment of principal and interest of the refunding bonds,

20  in the discretion of the Board of Supervisors. Any expenses

21  incurred in buying any or all bonds authorized under the

22  provisions of this section and the interest thereon and a

23  reasonable compensation for paying same shall be paid out of

24  the funds in the hands of the Treasurer and collected for the

25  purpose of meeting the expenses of administration. It shall be

26  the duty of the said Board of Supervisors, in making the

27  annual tax levy as heretofore provided, to take into account

28  the maturing bonds and interest on all bonds and expenses, and

29  to make provision in advance for the payment of same.

30         In case the proceeds of the original tax levy made

31  under the provisions of section 298.36, Florida Statutes, are

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  1  not sufficient to pay the principal and interest of all bonds

  2  issued, the Board of Supervisors shall make such additional

  3  levy or levies upon the benefits assessed as are necessary for

  4  this purpose, and under no circumstances shall any tax levies

  5  be made that will in any manner or to any extent impair the

  6  security of said bonds or the funds available for the payment

  7  of the principal and interest of the same. Said Treasurer

  8  shall at the time of the receipt by him or her of said bonds,

  9  execute and deliver to the President of Board of said District

10  a bond with good and sufficient surety to be approved by said

11  Board, conditioned that he or she shall account for and pay

12  over as required by law and as ordered by said Board of

13  Supervisors any and all moneys received by him or her on the

14  sale of such bonds, or any of them, and that he or she will

15  only sell and deliver such bonds to the purchaser or

16  purchasers thereof under and according to the terms herein

17  prescribed, and that he or she will return to the Board of

18  Supervisors and duly cancel any and all bonds not sold when

19  ordered by said Board to do so. Said bonds when so returned

20  shall remain in the custody of the President of the Board of

21  Supervisors, who shall produce the same for inspection or for

22  use as evidence whenever and wherever legally requested to do

23  so. The said Treasurer shall promptly report all sales of

24  bonds to the Board of Supervisors. The Board shall at a

25  reasonable time thereafter prepare and issue warrants in

26  substantially the form provided in section 298.17, Florida

27  Statutes, for the payment of maturing bonds so sold and the

28  interest payments coming due on all bonds sold. Each of said

29  warrants shall specify the bonds and accruing interest which

30  the warrant is to pay, and the Treasurer shall place

31  sufficient funds at the place of payment to pay the maturing

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  1  bonds and coupons when due, together with necessary

  2  compensation for paying same. The successor in office of any

  3  such Treasurer shall not be entitled to said bonds or the

  4  proceeds thereof until he or she shall have complied with all

  5  of the foregoing provisions applicable to his or her

  6  predecessor in office. The aforesaid bond of said Treasurer

  7  may, if said Board shall so direct, be furnished by a surety

  8  or bonding company, which may be approved by said Board of

  9  Supervisors, provided that, if it should be deemed more

10  expedient to said Board of Supervisors as to money derived

11  from the sale of bonds issued, said Board may, by resolution,

12  select some suitable bank or banks or other depository as

13  temporary Treasurer or Treasurers to hold and disburse said

14  moneys upon the order of said Board as the work progresses,

15  until such fund is exhausted or transferred to the Treasurer

16  by order of said Board of Supervisors. The funds derived from

17  the sale of said bonds or any of them shall be used for the

18  purpose of paying the cost of the drainage works and

19  improvements, and such costs, fees, expenses, and salaries as

20  may be authorized by law, and used for no other purpose.

21         Section 13.  Issue and sale of bonds authorized.--This

22  act shall, without reference to any other act of the

23  Legislature, be full authority for the issuance and sale of

24  the bonds authorized in this act, which bonds shall have all

25  the qualities of negotiable paper under the law merchant and

26  shall not be invalid for any irregularity or defect in the

27  proceedings for the issuance and sale thereof, and shall be

28  incontestable in the hands of bona fide purchasers or holders

29  thereof. No proceedings in respect to the issuance of any such

30  bonds shall be necessary, except such as are required by this

31  act. The provisions of this act shall constitute an

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  1  irrepealable contract between the Board of Supervisors and the

  2  Indian Trail Improvement District and the holders of any bonds

  3  and the coupons thereof issued pursuant to the provisions

  4  hereof. Any holder of any of said bonds or coupons may either

  5  in law or in equity by suit, action, or mandamus enforce and

  6  compel the performance of the duties required by this act of

  7  any of the officers or persons mentioned in this act in

  8  relation to the said bonds, or to the correct enforcement and

  9  application of the taxes for the payment thereof.

10         After the several bonds and coupons are paid and

11  retired as herein provided, they shall be returned to the

12  Treasurer, and they shall be canceled and an appropriate

13  record thereof made in a book to be kept for that purpose,

14  which record of paid and canceled bonds shall be kept at the

15  office of the Treasurer and shall be open for inspection of

16  any bondholder at any time.

17         Section 14.  Eminent domain.--The Board of Supervisors

18  is hereby authorized and empowered to exercise the right of

19  eminent domain and may condemn for the use of said District

20  any and all lands, easements, rights of way, riparian rights,

21  and property rights of every description, in or out of said

22  District, required for the public purposes and powers of said

23  Board as herein granted, and may enter upon, take, and use

24  such lands as it may deem necessary for such purposes.

25         Section 15.  Unit development; powers of Supervisors to

26  designate units of District and adopt system of progressive

27  drainage by units; water control plans and financing

28  assessments, etc., for each unit.--The Board of Supervisors of

29  the Indian Trail Improvement District shall have the power and

30  is hereby authorized in its discretion to drain and reclaim or

31  more completely and intensively to drain and reclaim the lands

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  1  in said District by designated areas or parts of said District

  2  to be called "units." The units into which said District may

  3  be so divided shall be given appropriate numbers or names by

  4  said Board of Supervisors, so that said units may be readily

  5  identified and distinguished. The Board of Supervisors shall

  6  have the power to fix and determine the location, area, and

  7  boundaries of, and lands to be included in, each and all such

  8  units, the order of development thereof, and the method of

  9  carrying on the work in each unit. The unit system of drainage

10  provided by this section may be conducted and all of the

11  proceedings by this section and this act authorized in respect

12  to such unit or units may be carried on and conducted at the

13  same time as or after the work of draining and reclaiming of

14  the entire District has been or is being or shall be

15  instituted or carried on under the provisions of this act. If

16  the Board of Supervisors shall determine that it is advisable

17  to conduct the work of draining and reclaiming the lands in

18  said District by units, as authorized by this section of this

19  act, said Board shall, by resolution duly adopted and entered

20  upon its minutes, declare its purpose to conduct such work

21  accordingly, and shall at the same time and manner fix the

22  number, location, and boundaries of and description of lands

23  within such unit or units and give them appropriate numbers or

24  names. As soon as practicable after the adoption and recording

25  of such resolution, said Board of Supervisors shall publish

26  notice once a week for 2 consecutive weeks in a newspaper

27  published in Palm Beach County, briefly describing the units

28  into which said District has been divided and the lands

29  embraced in each unit, giving the name, number, or other

30  designation of such units, requiring all owners of lands in

31  said District to show cause in writing before said Board of

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  1  Supervisors at a time and place to be stated in such notice

  2  why such division of said District into such units should not

  3  be approved, and said system of development by units should

  4  not be adopted and given effect by said Board, and why the

  5  proceedings and powers authorized by this section of this act

  6  should not be had, taken, and exercised. At the time and place

  7  stated in said notice, said Board of Supervisors shall hear

  8  all objections or causes of objection, all of which shall be

  9  in writing, of any landowner in said District to the matters

10  mentioned and referred to in such notice, and, if no

11  objections are made, or if said objections, if made, shall be

12  overruled by said Board, then said Board shall enter in its

13  minutes its finding and order confirming said resolution, and

14  may thereafter proceed with the development, drainage, and

15  reclamation of said District by units pursuant to such

16  resolution and to the provisions of this act. If, however,

17  said Board of Supervisors shall find as a result of such

18  objections, or any of them, or the hearing thereon, that the

19  division of said District into such units as aforesaid should

20  not be approved, or that said system of development by units

21  should not be adopted and given effect, or that the

22  proceedings and powers authorized by this section of this act

23  should not be had, taken, or exercised, or that any other

24  matter or thing embraced in said resolution would not be in

25  the best interest of the landowners of said District or would

26  be unjust or unfair to any landowner therein or otherwise

27  inconsistent with fair and equal protection and enforcement of

28  the rights of every landowner in said District, then said

29  Board of Supervisors shall not proceed further under such

30  resolution, but said Board of Supervisors may, as a result of

31  such hearing, modify or amend said resolution so as to meet

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  1  such objections so made, and thereupon said Board may confirm

  2  said resolution as so modified or amended and may thereafter

  3  proceed accordingly. The sustaining of such objections and the

  4  rescinding of such resolutions shall not exhaust the power of

  5  said Board under this section; but, at any time not less than

  6  1 year after the date of the hearing upon any such resolution,

  7  the Board of Supervisors may adopt other resolutions under

  8  this section and thereupon proceed on due notice in like

  9  manner as above. If said Board of Supervisors shall overrule

10  or refuse to sustain any such objections in whole or in part

11  made by any landowner in the District, or if any such

12  landowner shall deem himself or herself aggrieved by any

13  action of the Board of Supervisors in respect to any

14  objections so filed, such landowner may, within 10 days after

15  the ruling of said Board, file a bill of complaint in a court

16  of competent jurisdiction against said District, praying an

17  injunction or other appropriate relief against the action or

18  any part of such action proposed by such resolution or

19  resolutions of said Board, and such suits shall be conducted

20  like other suits, except that said suits shall have preference

21  over all other pending actions except criminal actions and

22  writs of habeas corpus. Upon the hearing of said cause, the

23  court of competent jurisdiction shall have the power to hear

24  the objections and receive the evidence thereon of all parties

25  to such cause and approve or disapprove said resolutions and

26  action of said Board in whole or in part, and to render such

27  decree in such cause as right and justice require. When said

28  resolutions creating said unit system shall be confirmed by

29  the Board of Supervisors, or by the court if such proposed

30  action shall be challenged by a landowner by the judicial

31  proceedings hereinabove authorized, said Board of Supervisors

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  1  may adopt a plan or plans of water control for and in respect

  2  to any or all such units, and to have the benefits and damages

  3  resulting therefrom assessed and apportioned by the district

  4  engineer and the engineer's report considered and confirmed,

  5  all in like manner as is provided by law in regard to water

  6  control plans for and assessments for benefits and damages of

  7  the entire District. With respect to the water control plan,

  8  notices, engineer's report, and notice and confirmation

  9  thereof, the levy of assessments and taxes, including

10  maintenance taxes, and the issuance of bonds and all other

11  proceedings as to each and all of such units, said Board shall

12  follow and comply with the same procedure as is provided by

13  law with respect to the entire District; and said Board of

14  Supervisors shall have the same powers in respect to each and

15  all of such units as is vested in the Board with respect to

16  the entire District. All the provisions of this act shall

17  apply to the drainage, reclamation, and improvement of each,

18  any, and all of such units, and the enumeration of or

19  reference to specific powers or duties of the Supervisors or

20  any other officers or other matters in this act as hereinabove

21  set forth shall not limit or restrict the application of any

22  and all of the proceedings and powers herein to the drainage

23  and reclamation of such units as fully and completely as if

24  such unit or units were specifically and expressly named in

25  every section and clause of this act where the entire District

26  is mentioned or referred to. All assessments, levies, taxes,

27  bonds, and other obligations made, levied, assessed, or issued

28  for or in respect to any such unit or units shall be a lien

29  and charge solely and only upon the lands in such unit or

30  units, respectively, for the benefit of which the same shall

31  be levied, made, or issued, and not upon the remaining units

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  1  or lands in said District. The Board of Supervisors may at any

  2  time amend its said resolutions by changing the location and

  3  description of lands in any such unit or units, provided that,

  4  if the location of or description of lands located in any such

  5  unit or units is so changed, notice of such change shall be

  6  published as hereinabove required in this section for notice

  7  of the formation or organization of such unit or units, and

  8  all proceedings shall be had and done in that regard as are

  9  provided in this section for the original creation of such

10  unit or units; however, no lands against which benefits shall

11  have been assessed may be detached from any such unit after

12  the confirmation of the engineer's report of benefits in such

13  unit or units or the issuance of bonds or other obligations

14  which are payable from taxes or assessments for benefits

15  levied upon the lands within such unit or units.

16         If, after the confirmation of the engineer's report of

17  benefits in such unit or units, or the issuance of bonds or

18  other obligations which are payable from taxes or assessments

19  for benefits levied upon lands within such unit or units, the

20  Board of Supervisors finds the water control plan for any such

21  unit or units insufficient or inadequate for efficient

22  development, the water control plan may be amended or changed

23  as provided in chapter 298, Florida Statutes, and the unit or

24  units may be amended or changed as provided in this section by

25  changing the location and description of lands in any such

26  unit or units, by detaching lands therefrom or by adding land

27  thereto, and in such event all assessments, levies, taxes,

28  bonds, and other obligations made, levied, assessed, incurred,

29  or issued for or in respect to any such unit or units may be

30  allocated and apportioned to the amended unit or units in

31  proportion to the benefits assessed by the engineer's report

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  1  for the amended water control plan and said report shall

  2  specifically provide for such allocation and apportionment.

  3  However, a change or amendment to a designated unit is not

  4  authorized it if has the effect of impairing a debt or other

  5  obligation on the unit or District.

  6         Section 16.  Amendment of water control plan.--The

  7  Board of Supervisors of the Indian Trail Improvement District

  8  shall have the power to amend a previously approved water

  9  control plan by resolution, provided that the District

10  engineer certifies that all land benefited by the improvements

11  provided for in the original plan receives the same or greater

12  benefits as previously assessed and that the estimated cost of

13  implementing the plan, as amended, does not exceed the total

14  benefits assessed in the manner provided by law, until such

15  time as chapter 298, Florida Statutes, is amended to provide a

16  process for implementing section 298.225(8), Florida Statutes.

17         The Indian Trail Improvement District may accept for

18  maintenance additional facilities which are within its

19  boundaries and which are donated to the District at no cost,

20  and may supplement a previously adopted water control plan to

21  include such facilities.

22         Section 17.  All acts and proceedings of the circuit

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

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

25  Board of Supervisors, the Commissioners, and all other

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

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

28  and assessments which have been made by the Board of

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

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

31  ratified, validated, and confirmed.

                                  32

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    Florida House of Representatives - 2001                 HB 865

    766-110A-01






  1         Section 4.  Chapters 57-646, 67-692, 80-569, 82-352,

  2  83-491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473,

  3  Laws of Florida, relating to the Indian Trail Improvement

  4  District of Florida, are hereby repealed to the extent they

  5  are inconsistent herewith.

  6         Section 5.  In case any one or more of the sections or

  7  provisions of this act or the application of such sections or

  8  provisions to any situation, circumstance, or person shall for

  9  any reason be held to be unconstitutional, such

10  unconstitutionality shall not affect any other sections or

11  provisions of this act or the application of such sections or

12  provisions to any other situation, circumstance, or person,

13  and it is intended that this law shall be construed and

14  applied as if such section or provision had not been included

15  herein for any unconstitutional application.

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

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

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

19  conflict.

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

21  law.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  33

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