Senate Bill sb1582
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Florida Senate - 2004 (NP) SB 1582
By Senator Dockery
15-1240-04 See HB 465
1 A bill to be entitled
2 An act relating to Haines City Water Control
3 District, Polk County; codifying the district's
4 charter pursuant to section 189.429, Florida
5 Statutes; providing legislative intent;
6 amending, codifying, repealing, and reenacting
7 all special acts relating to Haines City Water
8 Control District as a single act; repealing
9 chapters 13649 (1929) 14517 (1929), Laws of
10 Florida, relating to the Haines City Water
11 Control District; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Pursuant to section 189.429, Florida
16 Statutes, this act constitutes the codification of all special
17 acts relating to Haines City Water Control District. It is the
18 intent of the Legislature in enacting this act to provide a
19 single, comprehensive special act charter for the district,
20 including all current legislative authority granted to the
21 district by its several legislative enactments and any
22 additional authority granted by this act. It is the further
23 intent the Legislature that this act preserve all district
24 authority in addition to any authority contained in chapter
25 298, Florida Statutes, as amended from time to time.
26 Section 2. Chapters 13649 (1929) and 14517 (1929),
27 Laws of Florida, are amended, codified, reenacted, and
28 repealed as herein provided.
29 Section 3. The Haines City Water Control District is
30 re-created and the charter for the district is re-created and
31 reenacted to read:
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 Section 1. For the purposes of comprehensive water
2 management and control and developing the lands hereinafter
3 described; managing said lands and water by means of the
4 construction and maintenance of canals, ditches, levees,
5 dikes, pumping plants, and other water control works and
6 improvements; making the lands within said district available
7 and habitable for settlement and agriculture, and for the
8 public convenience, welfare, utility, and benefit; and for the
9 other purposes stated in this act and chapter 298, Florida
10 Statutes, a water control district is hereby created and
11 established in Polk County, Florida, to be known as the Haines
12 City Water Control District.
13 Section 2. (1) The territorial boundaries of the
14 district shall be as follows, to wit:
15 Starting at the SE corner of Section 6,
16 Township 28, Range 27, Drainage District
17 boundary, known hereinafter as "line"; run
18 north 1/4 mile, run east 1/4 mile, north
19 approximately 1/2 mile to Winter Haven-Haines
20 City hard road, run northeasterly along hard
21 road to 1/2 mile line of Section 5, Township
22 28, Range 27, run north approximately 1/8 mile
23 to 1/4 corner north boundary Section 5,
24 Township 28, Range 27, run east approximately
25 200 to 300 feet to the SE corner of SW1/4 of
26 SW1/4 Section 32, Township 27, Range 27, run
27 north 1/4 mile, run east 1/4 mile, run north
28 approximately 1/8 mile to hard surfaced road;
29 thence run along hard surfaced road
30 southeasterly to SW corner Lot 20 Alta Vista
31 Add. (Addition to Haines City), east to SE
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 corner Lot 15 Alta Vista Addition, south to
2 south boundary Alta Vista Addition, thence run
3 east on south boundary of Alta Vista. Add. To
4 SE corner same addition, thence north along
5 hard surfaced road approximately 3/4 mile to
6 northeast corner Section 32, Township 27, Range
7 27, thence westerly approximately 350 feet to
8 SE corner Lot 9, Block 80 (original plat Haines
9 City), thence north 100 feet to NE corner Lot
10 8, Block 80, thence westerly to SE corner Block
11 61, thence north on east side Block 61 to NE
12 corner, thence west to NE corner Lot 1, Block
13 61, thence north to NE corner Lot 8, Block 62,
14 thence west to NW corner Lot 8, Block 59,
15 thence north to NW corner Lot 7, Block 59,
16 thence west to SE corner Lot 8, Block 42 west
17 to SW corner same lot, north to NE corner Lot
18 5, Block 42, west to NW corner Lot 5, Block 42,
19 north on west side Block 42 to NW corner,
20 thence west to NE corner, Block 24, south to SE
21 corner Lot 9, Block 24, west to NW corner Lot
22 8, Block 24, south NE corner, Lot 5, west to NW
23 corner, Lot 5, south to SW corner, Block 24,
24 west to northeast corner of Lot 12, Block "A"
25 and west to NW corner, Lot 8, Block "A", west
26 to NW corner Block 2B, south to NE corner Block
27 2 (Lake Park Add. John L. Moore's property) in
28 SE1/4 of SW1/4 Section 29, Township 27, Range
29 27, thence west to hard surfaced road (Dixie
30 Highway) thence south along hard surfaced road
31 to SE corner Lot 5, Knowlton's Add. To Haines
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 City, thence west to SW corner, same lot,
2 thence north approximately 5/8 mile to NE
3 corner SW1/4 of SW1/4 Section 29, Township 27,
4 Range 27, run north approximately 1/4 mile to
5 center line to Atlantic Coast Line Rail Road
6 Company's main line, thence follow line of main
7 line in easterly and northerly direction to
8 Palmetto Street, thence westerly on north edge
9 of said street to southwest corner of Lot 3,
10 Block E, thence northerly to northwest corner
11 Lot 4, Block E, thence across Cedar Street to
12 Ash Street, northwest corner of Lot 4, Block F,
13 thence along Ash Street to southeast corner of
14 Lot 2, Block G, thence to Northwest corner Lot
15 4, Block G, thence along Vine Street to
16 southeast corner of Lot 10, thence northerly to
17 SE corner Block 34, thence north on 5th Street
18 to NE corner Lot 13. Block 34, thence west to
19 4th Street, thence to NE corner, Block 31,
20 thence along Haines Avenue to the 1/2 Section
21 line of Section 29, (Polk City Road), thence
22 north 3/4 mile to the NE corner SE1/4 of NW1/4
23 Section 20, thence west 1/2 mile to west
24 boundary Section 20, thence south 1/8 mile,
25 thence west 1/2 mile. Thence south on center
26 line of Section 19 and Section 30 to A.C.L.
27 right-of-way, thence southeast along north
28 boundary of said right-of-way to a point north
29 of the NE corner of Lot 1, Block 2, Pinehurst
30 Sub-division, thence south across R.R.
31 right-of-way, and Lee-Jackson Highway to
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 northeast corner of said Lot 1, thence westerly
2 153.4 feet to the NW corner Lot 1, Block 2,
3 (same Sub.), thence southerly 160 feet to Lake
4 Street, thence easterly along Lake Street to
5 the east boundary Pinehurst Sub. Thence south
6 along east boundary to Moss street, thence
7 northwesterly along Moss Street to Indiana
8 Avenue, (NW cor. Block 5, Pinehurst Sub.),
9 thence west to NW corner Block 7, Lake
10 Confusion Height (subdivision), thence south to
11 SW corner Block 7, (same Sub.), thence west to
12 west boundary of Section 30, thence south to SW
13 corner Section 30, thence east 1/4 mile to NE
14 corner of NW1/4 of NW1/4 Section 31, thence
15 south 1/4 mile, thence east 3/8 mile, thence
16 south 1/2 mile, thence west 1/8 mile, thence
17 south 1/4 mile to south boundary Section 31,
18 Township 27, Range 27, thence jog west 200 to
19 300 feet (approximately) to the NW corner of
20 NE1/4 of NE1/4 Section 6, Township 28, Range
21 27, thence south one mile, thence east 1/4 mile
22 to place of beginning
23 (2) It is hereby determined, declared, and enacted
24 that said lands in their present condition require
25 comprehensive water control and management for proper use and
26 development, and that water control for the purpose of
27 irrigation, reclamation, and flood protection of said lands
28 and the creation of the district with the power vested in it
29 by this act and chapter 298, Florida Statutes, as they may be
30 amended from time to time, is in the interest of and conducive
31 to public welfare, health, and convenience.
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 Section 3. The Board of Supervisors of the Haines City
2 Water Control District of Polk County is hereby authorized to
3 levy upon all the lands within said district against which
4 benefits have been assessed for the year 2004 and each year
5 thereafter, the annual installment of drainage taxes and
6 maintenance taxes as provided for under chapter 298, Florida
7 Statutes, and this act, and it shall certify for the year 2004
8 and each year thereafter said annual installment of drainage
9 taxes and maintenance taxes in the name of its president and
10 secretary and under its corporate seal, to the Tax Assessor of
11 Polk County, the Board of County Commissioners of Polk County,
12 and the Comptroller of the state, not later than the first
13 Monday in August. The certificate of said levy shall be
14 evidenced in substantially the following form:
15 STATE OF FLORIDA
16 COUNTY OF POLK
17 This is to certify that by virtue and authority of chapter
18 298, Florida Statutes, and this act, the Board of Supervisors
19 of Haines City Water Control District has and does hereby levy
20 the sum of $(_____) as the annual installment of taxes for the
21 year (____) of the total tax levied under the provisions of
22 chapter 298, Florida Statutes, and this act, which said total
23 tax has heretofore been certified to the Clerk of the Circuit
24 Court of Polk County; the said board of supervisors, by and
25 under authority of chapter 298, Florida Statutes, and this
26 act, has levied also the sum of $(____) as maintenance tax for
27 said year as annual installment of tax and maintenance tax on
28 the lands within said district against which benefits have
29 been assessed as set out in the following table in which are:
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 1. The name of the present owner of said lands or as
2 they appear in the records of the Polk County Property
3 Appraiser.
4 2. The description of said land opposite the name of
5 said owners.
6 3. The amount of said annual installment of taxes
7 levied on each tract of land. $(______).
8 4. The amount of said maintenance tax levied against
9 the same.
10 5. The total amount of said tax so levied.
11 WITNESS the signature of the president of said board of
12 supervisors attested by the signature of the secretary of said
13 board and the seal of said district being affixed, this(_____)
14 day of( ______________________ )A.D. 20( ).
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16 President of said board of supervisors of said
17 district.(Corporate Seal)
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19 Attest:(_________________________________)Secretary of
20 said board of supervisors of said district.
21 Section 4. (1) It shall be the duty of the Board of
22 County Commissioners of Polk County to order the tax assessor
23 of said county to assess and the tax collector of said county
24 to collect the amount of the annual installment and
25 maintenance taxes levied for the year 2004 and each subsequent
26 year upon the lands within said district as the same shall be
27 certified to said tax assessor by the Board of Supervisors of
28 the Haines City Water Control District as hereinbefore
29 provided.
30 (2) It shall be the duty of the tax assessor of the
31 county to assess against each tract of land within said
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 district against which benefits have been assessed as the same
2 is certified to him or her each year, the taxes as levied and
3 certified by said board of supervisors as herein above
4 provided and to extend the total of said taxes upon the
5 assessment roll in columns for that purpose and said levy
6 shall be included in the warrant of said tax assessor attached
7 to the assessment roll of taxes for said Polk County for the
8 year 2004 and each year thereafter.
9 (3) It shall be the duty of the Tax Collector and/or
10 the Clerk of the Circuit Court of Polk County to collect such
11 taxes so levied and assessed in the same manner and at the
12 same time as state and county taxes are collected and they
13 shall pay the same to the treasurer of said district within
14 the same time prescribed for the payment over of state and
15 county taxes.
16 Section 5. (1) All taxes levied and assessed as
17 provided herein shall be due and payable at the same time that
18 state and county taxes are due and payable, shall be
19 delinquent at the same time that state and county taxes become
20 delinquent, and shall thereafter bear 2 percent per month
21 penalties until the tax sale certificate is issued and
22 interest at the rate of 10 percent per annum thereafter. The
23 payment of said taxes shall be enforced by the Tax Collector
24 of Polk County and/or the Clerk of the Circuit Court of Polk
25 County, in the same manner and at the same time as state and
26 county taxes are enforced against said lands, provided that in
27 case of sale of said land and the issuance of a tax
28 certificate the said land may be redeemed from the Clerk of
29 the Circuit Court of Polk County, at any time within 1 year
30 from the date thereof by the payment of taxes, penalties, and
31 interest as provided therein, and all costs. If said land is
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 not redeemed within 1 year after date of said tax certificate,
2 the clerk of the circuit court shall issue a tax deed as is
3 now provided for under the general tax law for the issuance of
4 tax deeds for state and county taxes, except that lands owned
5 by a railroad company or companies within said district shall
6 be collected as provided in section 6 of this act.
7 (2) The Tax Assessor, Tax Collector, and Clerk of the
8 Circuit Court of Polk County shall have and receive the same
9 compensation for said assessment and collection of said taxes
10 as is now allowed by law for the assessment and collection of
11 special taxes which shall be allowed and paid out of the taxes
12 so collected.
13 Section 6. It shall be the duty of the Chief Financial
14 Officer of the state to assess all real estate upon which
15 benefits have been assessed and within said Haines City Water
16 Control District belonging to a railroad company or companies,
17 the amount of each levy made and certified to him or her by
18 said board of supervisors of said district, and to collect and
19 enforce the payment of said taxes thereon in the same manner
20 as he or she is required by law to collect and enforce the
21 payment of taxes for state and county and special district
22 purposes and to promptly remit the same to the treasurer of
23 said district.
24 Section 7. Nothing in this act shall be deemed or held
25 to in any manner impair the obligation of any contract
26 heretofore entered into by said district with any person,
27 firm, or corporation, and that any such person, firm or
28 corporation shall have the same rights and may proceed within
29 the same time that he or she, it, or they could have done
30 prior to the passage of this act.
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 Section 8. It is hereby declared to have been the
2 intention of the Legislature in enacting this act that same
3 shall be a cumulative and alternative remedy or procedure for
4 the assessment, collection and enforcement of the payment of
5 said taxes and shall in no way repeal any of the drainage laws
6 of the state now existing.
7 Section 9. The Haines City Water Control District
8 hereby created shall be an independent water control district
9 and a public corporation of this state. The provisions of
10 state law applicable to water control districts or
11 subdistricts which are embodied in chapter 298, Florida
12 Statutes, as it may be amended from time to time, so far as
13 not inconsistent with this act, are hereby declared to be
14 applicable to the Haines City Water Control District. The
15 Haines City Water Control District shall have all of the
16 powers and authorities conferred in this act and chapter 298,
17 Florida Statutes, as they may be amended from time to time.
18 Section 10. In accordance with section 189.404(3),
19 Florida Statutes, the following subsections shall constitute
20 the charter of the Haines City Water Control District:
21 (1) The district is organized and exists for all
22 purposes set forth in this act and, to the degree that it is
23 consistent with this act, chapter 298, Florida Statutes, as
24 they may be amended from time to time.
25 (2) The powers, functions, and duties of the district,
26 including, but not limited to, ad valorem taxation, bond
27 issuance, other revenue-raising capabilities, budget
28 preparation and approval, liens and foreclosure of liens, use
29 of tax deeds and tax certificates as appropriate for non-ad
30 valorem assessments, and contractual agreements, shall be as
31 set forth in this act and, to the degree that they are
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 consistent with this act, chapters 189, 197, and 298, Florida
2 Statutes, or any other applicable general or special law, as
3 they may be amended from time to time.
4 (3) The district was created by special act of the
5 Florida Legislature by chapter 13649 (1929), Laws of Florida,
6 in accordance with chapter 298, Florida Statutes, and is
7 re-created by this act.
8 (4) The district's charter may be amended by a
9 majority of the board of supervisors.
10 (5) In accordance with chapter 189, Florida Statutes,
11 this act, and section 298.11, Florida Statutes, the district
12 is governed by a three-member board, elected on a one-acre,
13 one-vote basis by the landowners in the district. The
14 membership and organization of the board shall be as set forth
15 in this act and, to the degree that it is consistent with this
16 act, chapter 298, Florida Statutes, as they may be amended
17 from time to time.
18 (6) The compensation of board members shall be
19 governed by this act and, to the degree that it is consistent
20 with this act, chapter 298, Florida Statutes, as they may be
21 amended from time to time.
22 (7) The administrative duties of the board of
23 supervisors shall be as set forth in this act and, to the
24 degree that it is consistent with this act, and chapter 298,
25 Florida Statutes, as they may be amended from time to time.
26 (8) Requirements for financial disclosure, meeting
27 notices, reporting, public records maintenance, and per diem
28 expenses for officers and employees shall be as set forth in
29 chapters 112, 119, 189, 286, and 298, Florida Statutes, as
30 they may be amended from time to time.
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 (9) The procedures and requirements governing the
2 issuance of bonds, notes, and other evidence of indebtedness
3 by the district shall be as set forth in chapter 298, Florida
4 Statutes, and applicable general laws, as they may be amended
5 from time to time.
6 (10) The procedures for conducting district elections
7 and for qualification of electors shall be pursuant to this
8 act and, to the degree that they are consistent with this act,
9 chapters 189 and 298, Florida Statutes, as they may be amended
10 from time to time.
11 (11) The district may be financed by any method
12 established in this act, chapter 298, Florida Statutes, and
13 applicable general laws, as they may be amended from time to
14 time.
15 (12) The methods for collecting non-ad valorem
16 assessments, fees, or service charges shall be as set forth in
17 this act, and, to the degree that they are consistent with
18 this act, chapters 197 and 298, Florida Statutes, and other
19 applicable general laws, as they may be amended from time to
20 time.
21 (13) The district's planning requirements shall be as
22 set forth in this act only, the district shall not be subject
23 to the additional requirements of chapters 189 and 298,
24 Florida Statutes, as they may be amended from time to time.
25 (14) The district's geographic boundary limitations
26 shall be as set forth in this act.
27 Section 11. If any provision of this act or the
28 application thereof to any person or circumstance is held
29 invalid, the invalidity shall not affect other provisions or
30 applications of the act which can be given effect without the
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Florida Senate - 2004 (NP) SB 1582
15-1240-04 See HB 465
1 invalid provision or application, and to this end the
2 provisions of this act are declared severable.
3 Section 12. This act shall be construed as a remedial
4 act and shall be liberally construed to promote the purpose
5 for which it is intended.
6 Section 4. Chapters 13649 (1929) and 14517 (1929),
7 Laws of Florida, are repealed.
8 Section 5. This act shall take effect upon becoming a
9 law.
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