House Bill hb0999
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Florida House of Representatives - 2002 HB 999
By Representative Negron
1 A bill to be entitled
2 An act relating to the Troup-Indiantown Water
3 Control District, Martin County; amending
4 chapter 63-819, Laws of Florida; providing
5 district status and boundaries; providing for
6 applicability of chapters 298 and 189, Florida
7 Statutes, and other general laws; providing a
8 district charter; providing for liberal
9 construction; providing a saving clause in the
10 event any provision of the act is deemed
11 invalid; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Chapter 63-819, Laws of Florida, is amended
16 to read:
17 (Substantial rewording of chapter. See
18 chapter 63-819, Laws of Florida, for present text.)
19 Section 1. Status and boundaries of Troup-Indiantown
20 Water Control District.--The Troup-Indiantown Water Control
21 District is hereby declared to be an independent water control
22 district and a public corporation of the State of Florida
23 pursuant to chapter 298, Florida Statutes, as it may be
24 amended from time to time, and the lands lying within the area
25 described as follows in Martin County, Florida, shall hereby
26 constitute the Troup-Indiantown Water Control District:
27
28 Beginning at the southeast corner of Section
29 33, Township 39 South, Range 39 East, run
30 thence East with the South line of Section 34 a
31 distance of 60 feet to a point; run thence
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Florida House of Representatives - 2002 HB 999
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1 North on a line 60 feet East of and parallel to
2 the East lines of Sections 33, 28, 21 and 16 to
3 a point in the North line of Section 15 which
4 is 60 feet East of the Northwest corner of said
5 Section 15; run thence in a straight line to
6 the Northeast corner of Section 9; run thence
7 Northward with the East line of Section 4 to
8 the Northeast corner thereof; thence run
9 Westward with the North lines of Section 4, 5,
10 and 6 to a point in the North line of Section
11 6, which is 50 feet East of the Northwest
12 corner of said Section 6; run thence Southward
13 with a line which is 50 feet East of and
14 parallel to the West lines of Sections 6 and 7
15 and the North one-half of Section 18 to a
16 point; run thence Southeastward in a straight
17 line to the Northeast corner of Section 30; run
18 thence Southeastward to the Southwest corner of
19 the East one-half of the Southwest one-quarter
20 of Section 29; run thence Eastward with the
21 South line of Section 29 a distance of 1329.12
22 feet to the Northwest corner of the East
23 one-half of Section 32; run thence South with
24 the West line of the East one-half of Section
25 32 a distance of 1675.73 feet to a concrete
26 monument which is on the Southwest bank of a
27 drainage canal; run thence South 23E 49' 29"
28 East a distance of 614.2 feet to a point on the
29 Southwest bank of said drainage canal; run
30 thence South 20E 16' 59" East a distance of
31 873.6 feet to a point on the Southwest bank of
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Florida House of Representatives - 2002 HB 999
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1 said drainage canal; run thence South 37E 49'
2 39" East a distance of 1426.46 feet to a point
3 on the Southwest bank of said drainage canal;
4 run thence South 42E 05' 24" East a distance of
5 429.70 feet to a point on the Southwest bank of
6 said drainage canal; run thence South 22E 51'
7 04" East a distance of 830.8 feet to a point on
8 the Southwest bank of said drainage canal; run
9 thence South 32E 45' 39" East a distance of
10 65.38 feet to an intersection point with the
11 South line of Section 32, which point is 569.23
12 feet West of the Southeast corner of said
13 Section 32; run thence East with the South
14 lines of Sections 32 and 33 to the point of
15 Beginning.
16 and
17 Beginning at a point on the South line of the
18 North 1/2 of Section 34, Township 39 South,
19 Range 39 East, which point is 60 feet East of
20 the Southwest corner of the North 1/2 of said
21 Section 34, thence run East along the South
22 boundary line of the North 1/2 of Sections 34
23 and 35 to the Southeast corner of the Northwest
24 1/4 of Section 35; thence run North along the
25 East boundary line of the West 1/2 of Sections
26 35, 26, 23, 14 and 11, to the North line of
27 Section 11; thence run West along the North
28 lines of Sections 10 and 11 to the Northwest
29 corner of Section 10; thence South in a
30 straight line to a point on the South line of
31 Section 10, which point is 60 feet East of the
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Florida House of Representatives - 2002 HB 999
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1 Southwest corner of Section 10; thence run
2 South parallel to 60 feet East of the West
3 lines of Section 15, 22, 27 and 34 to the point
4 of beginning. All of said lands lying and being
5 in Township 34 South, Range 39 East.
6 and
7 Beginning at a point on the South line of the
8 North 1/2 of Section 34, Township 39 South,
9 Range 39 East, which point is 60 feet East of
10 the Southwest corner of the North 1/2 of said
11 Section 34, thence run East along the South
12 boundary line of the North 1/2 of Sections 34
13 and 35, to the Southeast corner of the
14 Northwest 1/4 of Section 35; thence run North
15 along the North-South quarter-section lines of
16 Section 35, 26, 23, 14 and 11, to the North
17 line of Section 11; thence run West along the
18 North lines of Section 11 and 10 to the
19 Northwest corner of Section 10; thence run
20 South in a straight line to a point in the
21 South line of Section 10, which point is 60
22 feet East of the Southwest corner of Section
23 10; thence run South parallel to and 60 feet
24 East of the West lines of Sections 15, 22, 27
25 and 34, to the Point of Beginning. All of said
26 lands lying and being in Township 39 S, Range
27 39E.
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29 Section 2. Minimum charter requirements.--In
30 accordance with section 189.404(3), Florida Statutes, the
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1 following subsections shall constitute the charter of the
2 Troup-Indiantown Water Control District:
3 (1) The district is organized and exists for all
4 purposes set forth in this act and chapter 298, Florida
5 Statutes, as they may be amended from time to time.
6 (2) The powers, functions, and duties of the district
7 regarding ad valorem taxation, bond issuance and other
8 revenue-raising capabilities, budget preparation and approval,
9 liens and foreclosure of liens, use of tax deeds and tax
10 certificates as appropriate for non-ad valorem assessments,
11 and contractual agreements shall be as set forth in chapters
12 170, 189, 197, and 298, Florida Statutes, or any other
13 applicable general or special law, as they may be amended from
14 time to time.
15 (3) The district's charter may be amended only by
16 special act of the Legislature.
17 (4) In accordance with chapter 189, Florida Statutes,
18 this act, and section 298.11, Florida Statutes, the district
19 is governed by a three-member board, elected on a one-acre,
20 one-vote basis by the landowner in the district; however,
21 landowners owning less than one acre shall be entitled to one
22 vote. Landowners with more than one acre shall be entitled to
23 one additional vote for any fraction of an acre greater than
24 1/2 acre owned, when all of the landowner's acreage has been
25 aggregated for purposes of voting. The membership and
26 organization of the board shall be as set forth in this act
27 and chapter 298, Florida Statutes, as they may be amended from
28 time to time.
29 (5) The compensation of board members shall be
30 governed by this act and chapter 298, Florida Statutes, as
31 they may be amended from time to time.
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1 (6) The administrative duties of the board of
2 supervisors shall be as set forth in this act and chapter 298,
3 Florida Statutes, as they may be amended from time to time.
4 (7) Requirements for financial disclosure, meeting
5 notices, reporting, public records maintenance, and per diem
6 expenses for officers and employees shall be as set forth in
7 chapters 112, 189, 286, and 298, Florida Statutes, as they may
8 be amended from time to time.
9 (8) The procedures and requirements governing the
10 issuance of bonds, notes, and other evidence of indebtedness
11 by the district shall be as set forth in chapter 298, Florida
12 Statutes, and applicable general laws, as they may be amended
13 from time to time.
14 (9) The procedures for conducting district elections
15 and for qualification of electors shall be pursuant to
16 chapters 189 and 298, Florida Statutes, as they may be amended
17 from time to time; however, a quorum for purposes of holding
18 the annual meeting or any special meeting shall consist of
19 those landowners present in person or represented by proxy at
20 said meeting.
21 (10) The district may be financed by any method
22 established in this act, chapter 298, Florida Statutes, and
23 applicable general laws, as they may be amended from time to
24 time.
25 (11) The methods for collecting non-ad valorem
26 assessments, fees, or service charges shall be as set forth in
27 chapters 170, 197, and 298, Florida Statutes, and other
28 applicable general laws, as they may be amended from time to
29 time.
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1 (12) The district's planning requirements shall be as
2 set forth in chapters 189 and 298, Florida Statutes, as they
3 may be amended from time to time.
4 (13) The district's geographic boundary limitations
5 shall be as set forth in this act.
6 (14) The district shall have all powers provided to it
7 by this act, chapters 189 and 298, Florida Statutes, and other
8 applicable general laws, as they may be amended from time to
9 time.
10 (15) The district is hereby permitted, authorized, and
11 empowered to engage in irrigation as well as drainage. The
12 term "irrigation" as herein used is defined to mean the
13 maintaining and controlling of water levels within said
14 district and furnishing, supplying, and providing irrigation
15 water by means of pumps, pumping operations, or gravity flow
16 from reservoirs, wells, or canals and by installing,
17 operating, keeping, and maintaining pumps, pumping stations,
18 dams, floodgates, sluiceways, and such other works as the
19 board of supervisors of said district may deem necessary and
20 proper in order to keep, maintain, and control said water
21 levels and to furnish, supply, and provide irrigation water
22 for all of the lands lying within said district.
23 The district is hereby permitted, authorized, and
24 empowered to own, construct, maintain, and operate such roads,
25 bridges, culverts, and passageways as the board of supervisors
26 of said district may deem necessary and proper for access to
27 and from all of the drainage and irrigation facilities of the
28 district, as well as to provide access to and from the lands
29 lying within the boundaries thereof.
30 All pumps, pumping stations, dams, floodgates,
31 sluiceways, wells, reservoirs, roads, bridges, culverts,
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1 passageways, and such other works as the board of supervisors
2 of said district may determine necessary shall become and be a
3 part of the plan of reclamation of said district.
4 Section 3. Ratification of prior acts.--All acts and
5 proceedings of the circuit court taken by, for, and on behalf
6 of the district since the creation thereof, and all of the
7 acts and proceedings of the board of supervisors, the
8 commissioners, and all other officers and agents of the
9 district, and of the county, acting for and on behalf of the
10 district, and any and all tax levies and assessments which
11 have been made by the board of supervisors for and on behalf
12 of the district, are each and every one of them, and each and
13 every part thereof, hereby ratified, validated, and confirmed.
14 Section 4. Liberal construction.--It is intended that
15 the provisions of this act shall be liberally construed for
16 accomplishing the work authorized and provided for or intended
17 to be provided for by this act, and where strict construction
18 would permit or assist in the accomplishment of any part of
19 the work authorized by this act, the liberal construction
20 shall be chosen.
21 Section 5. Invalidity.--If any section, subsection,
22 sentence, clause, or phrase of this act is held to be
23 unconstitutional, such holding shall not affect the validity
24 of the remaining portions of the act, the Legislature hereby
25 declaring that it would have passed this act and each section,
26 subsection, sentence, clause, and phrase thereof, irrespective
27 of any other separate section, subsection, sentence, clause,
28 or phrase thereof, and irrespective of the fact that any one
29 or more other sections, subsections, sentences, clauses, or
30 phrases thereof may be declared unconstitutional.
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1 Section 2. This act shall take effect upon becoming a
2 law.
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