Senate Bill sb2342e1

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  1                      A bill to be entitled

  2         An act relating to water policy; amending s.

  3         373.069, F.S.; revising boundaries of the

  4         Southwest Florida Water Management District and

  5         the South Florida Water Management District;

  6         amending s. 373.0691, F.S.; providing for the

  7         transfer of land and other incidentals from the

  8         Southwest Florida Water Management District to

  9         the South Florida Water Management District;

10         providing that the Southwest Florida Water

11         Management District shall take final agency

12         action on permit applications received before

13         July 1, 2004; providing that on or after July

14         1, 2004, any matters related to such permits

15         shall be regulated by the South Florida Water

16         Management District; revising the membership of

17         the governing board of the Southwest Florida

18         Water Management District; providing an

19         effective date.

20  

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

22  

23         Section 1.  Paragraphs (d) and (e) of subsection (2) of

24  section 373.069, Florida Statutes, are amended to read:

25         373.069  Creation of water management districts.--

26         (2)  Notwithstanding the provisions of any other

27  special or general act to the contrary, the boundaries of the

28  respective districts named in subsection (1) shall include the

29  areas within the following boundaries:

30         (d)  Southwest Florida Water Management

31  District.--Begin at the intersection of the north boundary of


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 1  Lee County with the Gulf of Mexico; thence eastward along the

 2  Lee-Charlotte County line to the Southeast corner of Section

 3  33, Township 42 South, Range 24 East; thence North into

 4  Charlotte County, along the section lines to the Northeast

 5  corner of Section 4, Township 42 South, Range 24 East; thence

 6  East along the township line between Townships 41 and 42 South

 7  to the Southeast corner of Section 36, Township 41 South,

 8  Range 25 East; thence north along the section line to the

 9  northwest corner of Section 6, Township 41 South, Range 26

10  East; thence east along the section line to the southeast

11  corner of Section 36, Township 40 South, Range 26 East; thence

12  North along the range line between Ranges 26 and 27 to the

13  Northeast corner of Section 1, Township 40 South, Range 26

14  East, and the Charlotte-Desoto County line; thence east along

15  the Charlotte-Desoto County line to the southeast corner of

16  Section 36, Township 39 South, Range 27 East; thence north

17  along the DeSoto-Highlands County line to the intersection of

18  the South boundary of Hardee County; thence north along the

19  Hardee-Highlands County line to the northwest corner of

20  Section 6, Township 33 South, Range 28 East; thence east

21  southwest corner of Township 35 South, Range 28 East; thence

22  east along the north boundary of Township 36 South to the

23  northeast corner of Section 1, Township 36 South, Range 28

24  East; thence south along the range line to the southeast

25  corner of Section 12, Township 37 South, Range 28 East; thence

26  east along the section line to the northeast corner of Section

27  15, Township 37 South, Range 29 East; thence south along the

28  section line to the southeast corner of Section 34, Township

29  37 South, Range 29 East; thence east along the township line

30  to the northeast corner of Section 1, Township 38 South, Range

31  29 East; thence south along the range line to the southeast


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 1  corner of Section 1, Township 39 South, Range 29 East; thence

 2  east along the section line to the northwest corner of Section

 3  11, Township 39 South, Range 30 East; thence north along the

 4  section line to the southwest corner of Section 35, Township

 5  38 South, Range 30 East; thence east along the township line

 6  to the southeast corner of the west 1/4 of Section 35,

 7  Township 38 South, Range 30 East; thence north along the

 8  1/4-section line of Sections 35, 26, and 23, Township 38

 9  South, Range 30 East to the northeast corner of the west 1/4

10  section of Section 23, Township 38 South, Range 30 East;

11  thence west along the section line to the northwest corner of

12  Section 23, Township 38 South, Range 30 East; thence north

13  along the section line to the northwest corner of Section 2,

14  Township 37 South, Range 30 East; thence west along the

15  township line to the southwest corner of Section 34, Township

16  36 South, Range 30 East; thence north along the section line

17  to the northwest corner of Section 3, Township 36 South, Range

18  30 East; thence west along the township line to the southwest

19  corner of Section 31, Township 35 South, Range 30 East; thence

20  north along the range line between Ranges 29 and 30 East,

21  through Townships 35, 34, and 33 South, to the northeast

22  corner of Township 33 South, Range 29 East, being on the

23  Highlands-Polk County line; thence west along the

24  Highlands-Polk County line to the southeast corner of Township

25  32 South, Range 28 East; thence north along the range line

26  between Ranges 28 and 29 East, in Townships 32 and 31 South,

27  to the northeast corner of Section 12 in Township 31 South,

28  Range 28 East; thence east along the section line to the

29  northeast corner of Section 7, Township 31 South, Range 29

30  East; thence north along the section line to the northwest

31  corner of Section 17, Township 30 South, Range 29 East; thence


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 1  east along the section line to the northeast corner of the

 2  west 1/2 of Section 17, Township 30 South, Range 29 East;

 3  thence north along the 1/2-section line to the northeast

 4  corner of the west 1/2 of Section 5, Township 30 South, Range

 5  29 East; thence west along the section line to the southwest

 6  corner of Section 32, Township 29 South, Range 29 East; thence

 7  north along the section line to the northeast corner of

 8  Section 19 in Township 29 South, Range 29 East; thence west

 9  along the north boundaries of Section 19, Township 29 South,

10  Range 29 East, and Sections 24, 23, 22, 21, and 20, Township

11  29 South, Range 28 East, to the northwest corner of said

12  Section 20; thence north along the section line to the

13  intersection of said section line with the west shore line of

14  Lake Pierce in Township 29 South, Range 28 East; thence

15  following the west shore of Lake Pierce to its intersection

16  again with the west section line of Section 5, Township 29

17  South, Range 28 East; thence north along the section line to

18  the northwest corner of Section 5, Township 29 South, Range 28

19  East; thence east along the township line to the southwest

20  corner of Section 33, Township 28 South, Range 28 East; thence

21  north along the section line to the northwest corner of the

22  southwest 1/4 of the southwest 1/4 of Section 28, Township 28

23  South, Range 28 East; thence east along the 1/4-section line

24  to the intersection of said 1/4-section line with Lake Pierce;

25  thence follow the shore line northeasterly to its intersection

26  with the 1/2-section line of Section 28, Township 28 South,

27  Range 28 East; thence north on the 1/2-section line to the

28  northwest corner of the southeast 1/4 of Section 28, Township

29  28 South, Range 28 East; thence east to the northeast corner

30  of the southeast 1/4 of Section 28, Township 28 South, Range

31  28 East; thence south along the section line to the northwest


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 1  corner of Section 3, Township 29 South, Range 28 East; thence

 2  east along the section line to the northeast corner of Section

 3  3, Township 29 South, Range 28 East; thence north along the

 4  section line to the northwest corner of Section 23, Township

 5  28 South, Range 28 East; thence west along the section line to

 6  the southwest corner of Section 16, Township 28 South, Range

 7  28 East; thence north along the section line to the northwest

 8  corner of Section 16, Township 28 South, Range 28 East; thence

 9  west along the section line to the southwest corner of Section

10  8, Township 28 South, Range 28 East; thence north along the

11  section line to the northwest corner of Section 5, Township 28

12  South, Range 28 East; thence west along the township line to

13  the intersection of said township line with Lake Marion;

14  thence following the south shore line of Lake Marion to its

15  intersection again with said township line; thence west along

16  the township line to the southeast corner of Section 36,

17  Township 37 South, Range 27 East; thence north along the range

18  line between Ranges 27 and 28 East to the intersection of said

19  range line with Lake Marion; thence following the west shore

20  of Lake Marion to its intersection again with the range line

21  between Ranges 27 and 28 East; thence north along said range

22  line, in Townships 27 and 26 South, to the northeast corner of

23  Township 26 South, Range 27 East, being on the Polk-Osceola

24  County line; thence west along the Polk-Osceola County line to

25  the northwest corner of Township 26 South, Range 27 East;

26  thence north along the section line to the Lake-Polk County

27  line; thence west along the county line to the southwest

28  corner of Section 32, Township 24 South, Range 26 East; thence

29  into Lake County, north along the section lines to the

30  northeast corner of Section 30, Township 24 South, Range 26

31  East; thence west along the section lines to the northeast


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 1  corner of Section 28, Township 24 South, Range 25 East; thence

 2  north along the section lines to the northeast corner of

 3  Section 16, Township 24 South, Range 25 East; thence west

 4  along the section line to the northwest corner of Section 16,

 5  Township 24 South, Range 25 East; thence north along the

 6  section line to the northeast corner of Section 8, Township 24

 7  South, Range 25 East; thence west along the section lines to

 8  the range line between Ranges 24 and 25; thence north along

 9  the range line to the northeast corner of Section 1, Township

10  23 South, Range 24 East, also being on the township line

11  between Townships 22 and 23 South; thence west along the

12  township line to the northwest corner of Section 6, Township

13  23 South, Range 24 East also being on the Sumter-Lake County

14  line; thence north along the Sumter-Lake County line, also

15  being the range line between Ranges 23 and 24, to the

16  northeast corner of Section 1, Township 18 South, Range 23

17  East and the Marion County line; thence west, along the

18  Sumter-Marion County line, also being the township line

19  between Townships 17 and 18 South, to the westerly

20  right-of-way line of Interstate Highway 75; thence northerly

21  along the westerly right-of-way line of Interstate Highway 75

22  to the Alachua-Marion County line, said line also being the

23  township line between Townships 11 and 12 South; thence west

24  along the Alachua-Marion County line to the northwest corner

25  of Section 3, Township 12 South, Range 19 East and the Levy

26  County line; thence westerly along the Levy-Alachua County

27  line, also being the township line between Townships 11 and 12

28  South, to the southeast corner of Section 36, Township 11

29  South, Range 17 East; thence north along the Levy-Alachua

30  County line, also being the range line between Ranges 17 and

31  18 East, to the southerly right-of-way line of State Road No.


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 1  24; thence southwesterly along said southerly right-of-way

 2  line to the easterly right-of-way line of State Road No. 337;

 3  thence southerly, along said easterly right-of-way line of

 4  State Road No. 337, to the south line of Section 35, Township

 5  14 South, Range 17 East; thence west along the section line to

 6  the northwest corner of Section 3, Township 15 South, Range 17

 7  East; thence south along the section lines to the southwest

 8  corner of Section 27, Township 15 South, Range 17 East; thence

 9  west to the Gulf of Mexico; thence south along the Gulf of

10  Mexico, including the waters of said gulf within the

11  jurisdiction of the State of Florida, to the point of

12  beginning.

13         (e)  South Florida Water Management District.--Begin at

14  the intersection of the north boundary of Lee County with the

15  Gulf of Mexico; thence easterly along the Lee-Charlotte County

16  line to the southwest corner of Section 34, Township 42 South,

17  Range 24 East; thence northerly along the section lines to the

18  northwest corner of Section 3, Township 42 South, Range 24

19  East; thence easterly along the Township line between

20  Townships 41 and 42 South to the southwest corner of Section

21  31, Township 41 South, Range 26 East; thence northerly along

22  the Range line between Ranges 25 and 26 East to the northwest

23  corner of Section 6, Township 41 South, Range 26 East; thence

24  easterly along the Township line between Townships 40 and 41

25  South to the southwest corner of Section 31, Township 40

26  South, Range 27 East; thence northerly along the Range line

27  between Ranges 26 and 27 East to the Charlotte-DeSoto County

28  line; thence easterly along the Charlotte-Desoto County line

29  to the west line of Highlands County; thence northerly along

30  the Highlands-Desoto County line and along the

31  Highlands-Hardee County line to the northwest corner of


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 1  Section 6, Township 33 South, Range 28 East; thence east

 2  Township 36 South, Range 28 East; thence east along the north

 3  boundary of Township 36 South to the northeast corner of

 4  Section 1, Township 36 South, Range 28 East; thence south

 5  along the range line to the southeast corner of Section 12,

 6  Township 37 South, Range 28 East; thence east along the

 7  section line to the northeast corner of Section 15, Township

 8  37 South, Range 29 East; thence south along the section line

 9  to the southeast corner of Section 34, Township 37 South,

10  Range 29 East; thence east along the township line to the

11  northeast corner of Section 1, Township 38 South, Range 29

12  East; thence south along the range line to the southeast

13  corner of Section 1, Township 39 South, Range 29 East; thence

14  east along the section line to the northwest corner of Section

15  11, Township 39 South, Range 30 East; thence north along the

16  section line to the southwest corner of Section 35, Township

17  38 South, Range 30 East; thence east along the township line

18  to the southeast corner of the west 1/4 of Section 35,

19  Township 38 South, Range 30 East; thence north along the

20  1/4-section line of Sections 35, 26, and 23, Township 38

21  South, Range 30 East to the northeast corner of the west 1/4

22  section of Section 23, Township 38 South, Range 30 East;

23  thence west along the section line to the northwest corner of

24  Section 23, Township 38 South, Range 30 East; thence north

25  along the section line to the northwest corner of Section 2,

26  Township 37 South, Range 30 East; thence west along the

27  township line to the southwest corner of Section 34, Township

28  36 South, Range 30 East; thence north along the section line

29  to the northwest corner of Section 3, Township 36 South, Range

30  30 East; thence west along the township line to the southwest

31  corner of Section 31, Township 35 South, Range 30 East; thence


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 1  north along the range line between Ranges 29 and 30 East,

 2  through Townships 35, 34, and 33 South, to the northwest

 3  corner of Township 33 South, Range 30 East, being on the

 4  Highlands-Polk County line; thence west along the

 5  Highlands-Polk County line to the southwest corner of Township

 6  32 South, Range 29 East; thence north along the range line

 7  between Ranges 28 and 29 East, in Townships 32 and 31 South,

 8  to the northwest corner of Section 7 in Township 31 South,

 9  Range 29 East; thence east along the section line to the

10  northeast corner of Section 7, Township 31 South, Range 29

11  East; thence north along the section line to the northwest

12  corner of Section 17, Township 30 South, Range 29 East; thence

13  east along the section line to the northeast corner of the

14  west 1/2 of Section 17, Township 30 South, Range 29 East;

15  thence north along the 1/2-section line to the northeast

16  corner of the west 1/2 of Section 5, Township 30 South, Range

17  29 East; thence west along the section line to the southwest

18  corner of Section 32, Township 29 South, Range 29 East; thence

19  north along the section line to the northeast corner of

20  Section 19 in Township 29 South, Range 29 East; thence west

21  along the south boundaries of Section 18, Township 29 South,

22  Range 29 East and Sections 13, 14, 15, 16, and 17 in Township

23  29 South, Range 28 East, to the southwest corner of said

24  Section 17; thence north along the section line to the

25  intersection of said section line with the west shore line of

26  Lake Pierce in Township 29 South, Range 28 East; thence

27  following the west shore of Lake Pierce to its intersection

28  again with the west section line of Section 5, Township 29

29  South, Range 28 East; thence north along the section line to

30  the northwest corner of Section 5, Township 29 South, Range 28

31  East; thence east along the township line to the southwest


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    CS for SB 2342                                 First Engrossed



 1  corner of Section 33, Township 28 South, Range 28 East; thence

 2  north along the section line to the northwest corner of the

 3  southwest 1/4 of the southwest 1/4 of Section 28, Township 28

 4  South, Range 28 East; thence east along the 1/4-section line

 5  to the intersection of said 1/4-section line with Lake Pierce;

 6  thence follow the shore line northeasterly to its intersection

 7  with the 1/2-section line of Section 28, Township 28 South,

 8  Range 28 East; thence north on the 1/2-section line to the

 9  northwest corner of the southeast 1/4 of Section 28, Township

10  28 South, Range 28 East; thence east along the 1/2-section

11  line to the northeast corner of the southeast 1/4 of Section

12  28, Township 28 South, Range 28 East; thence south along the

13  section line to the northwest corner of Section 3, Township 29

14  South, Range 28 East; thence east along the section line to

15  the northeast corner of Section 3, Township 29 South, Range 28

16  East; thence north along the section line to the northwest

17  corner of Section 23, Township 28 South, Range 28 East; thence

18  west along the section line to the southwest corner of Section

19  16, Township 28 South, Range 28 East; thence north along the

20  section line to the northwest corner of Section 16, Township

21  28 South, Range 28 East; thence west along the section line to

22  the southwest corner of Section 8, Township 28 South, Range 28

23  East; thence north along the section line to the northwest

24  corner of Section 5, Township 28 South, Range 28 East; thence

25  west along the township line to the intersection of said

26  township line with Lake Marion; thence following the south

27  shore line of Lake Marion to its intersection again with said

28  township line; thence west along the township line to the

29  southeast corner of Section 36, Township 27 South, Range 27

30  East; thence north along the range line between Ranges 27 and

31  28 East to the intersection of said range line with Lake


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 1  Marion; thence following the west shore of Lake Marion to its

 2  intersection again with the range line between Ranges 27 and

 3  28 East; thence north along said range line, in Townships 27

 4  and 26 South, to the northwest corner of Township 26 South,

 5  Range 28 East, being on the Polk-Osceola County line; thence

 6  west along the Polk-Osceola County line to the southwest

 7  corner of Township 25 South, Range 27 East; thence northerly

 8  along the range line between Ranges 26 and 27 East to the

 9  northwest corner of Section 18, Township 23 South, Range 27

10  East; thence easterly along the section lines to the southwest

11  corner of Section 12, Township 23 South, Range 27 East; thence

12  northerly along the section lines to the northwest corner of

13  Section 1, Township 23 South, Range 27 East; thence easterly

14  along the Township line between Townships 22 and 23 South to

15  the southwest corner of Section 31, Township 22 South, Range

16  29 East; thence northerly along the Range line between Ranges

17  28 and 29 East to the northwest corner of Section 30, Township

18  22 South, Range 29 East; thence easterly along the section

19  lines to the westerly right-of-way line of U.S. Highway 441;

20  thence southerly along the westerly right-of-way line to the

21  intersection with the northerly right-of-way line of State

22  Road 528A; thence easterly along the northerly right-of-way

23  line to the intersection with the northerly right-of-way line

24  of State Road 528, also known as the Bee Line Expressway;

25  thence easterly along the northerly right-of-way line of State

26  Road 528 to the intersection with the range line between

27  Township 23 South, Range 31 East and Township 23 South, Range

28  32 East; thence southerly along the Range line between Ranges

29  31 and 32 East to the Orange-Osceola County line; thence

30  easterly along said county line between Townships 24 and 25

31  South to the northeast corner of Section 5, Township 25 South,


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 1  Range 32 East; thence southerly along the section lines to the

 2  southeast corner of Section 32, Township 25 South, Range 32

 3  East; thence easterly along the Township line between

 4  Townships 25 and 26 South to the northeast corner of Section

 5  1, Township 26 South, Range 32 East; thence southerly along

 6  the Range line between Ranges 32 and 33 East to the southeast

 7  corner of Section 36, Township 27 South, Range 32 East; thence

 8  westerly along the township line between Townships 27 and 28

 9  South, to the northeast corner of Section 1, Township 28

10  South, Range 32 East; thence southerly along the Range line

11  between Ranges 32 and 33 East to the southeast corner of

12  Section 36, Township 29 South, Range 32 East; thence easterly

13  along the Township line between Townships 29 and 30 South to

14  the northeast corner of Section 1, Township 30 South, Range 33

15  East; thence southerly along the Range line between Ranges 33

16  and 34 East to the southeast corner of Section 36, Township 30

17  South, Range 33 East; thence westerly along the Township line

18  between Townships 30 and 31 South to the northeast corner of

19  Section 4, Township 31 South, Range 33 East; thence southerly

20  along the section lines to the Osceola-Okeechobee County line;

21  thence easterly along said county line to the northeast corner

22  of Section 3, Township 33 South, Range 34 East; thence

23  southerly along the section lines to the southeast corner of

24  Section 34, Township 34 South, Range 34 East; thence easterly

25  along the Township line between Townships 34 and 35 South to

26  the southwest corner of Section 36, Township 34 South, Range

27  35 East; thence northerly along the section lines to the

28  northwest corner of Section 13, Township 34 South, Range 35

29  East; thence easterly along the section line to the Range line

30  between Ranges 35 and 36 East; thence northerly along said

31  Range line to the northwest corner of Section 18, Township 34


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 1  South, Range 36 East; thence easterly along the section lines

 2  to the southwest corner of Section 10, Township 34 south,

 3  Range 36 East; thence northerly along the section line to the

 4  northwest corner of said Section 10; thence easterly along the

 5  section lines to the Okeechobee-St. Lucie County line; thence

 6  northerly along said county line to the south line of Indian

 7  River County; thence easterly along the St. Lucie-Indian River

 8  County line to the Atlantic Ocean; thence southerly along the

 9  Atlantic Ocean to the Gulf of Mexico; thence northerly along

10  the Gulf of Mexico, including the waters of said Ocean and of

11  said Gulf and the islands therein within the jurisdiction of

12  the State of Florida, to the point of beginning.

13         Section 2.  Present subsection (3) of section 373.0691,

14  Florida Statutes, is renumbered as subsection (4), and a new

15  subsection (3) is added to that section to read:

16         373.0691  Transfer of areas.--

17         (3)  Effective at 12:01 a.m. on July 1, 2004, that

18  portion of Highlands County formerly within the Southwest

19  Florida Water Management District as set forth in s. 373.069

20  is transferred to the South Florida Water Management District.

21  With respect to the area transferred and at the time of the

22  change of boundaries, all contractual obligations of the

23  Southwest Florida Water Management District, all real property

24  interests owned by the Southwest Florida Water Management

25  District, all regulatory responsibilities of the Southwest

26  Florida Water Management District, all equipment and other

27  personal property used solely by the Southwest Florida Water

28  Management District in that area, and all records of the

29  Southwest Florida Water Management District shall be

30  transferred and delivered to the South Florida Water

31  Management District. However, the Southwest Florida Water


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 1  Management District shall take final agency action on any

 2  permit applications received before July 1, 2004, after which

 3  all matters related to any such permits issued shall be

 4  regulated by the South Florida Water Management District.

 5         Section 3.  Paragraph (e) of subsection (2) of section

 6  373.073, Florida Statutes, is amended to read:

 7         373.073  Governing board.--

 8         (2)  Membership on governing boards shall be selected

 9  from candidates who have significant experience in one or more

10  of the following areas, including, but not limited to:

11  agriculture, the development industry, local government,

12  government-owned or privately owned water utilities, law,

13  civil engineering, environmental science, hydrology,

14  accounting, or financial businesses. Notwithstanding the

15  provisions of any other general or special law to the

16  contrary, vacancies in the governing boards of the water

17  management districts shall be filled according to the

18  following residency requirements, representing areas

19  designated by the United States Water Resources Council in

20  United States Geological Survey, River Basin and Hydrological

21  Unit Map of Florida--1975, Map Series No. 72:

22         (e)  Southwest Florida Water Management District:

23         1.  Two members shall reside in Hillsborough County.

24         2.  One member shall reside in the area consisting of

25  Hillsborough and Pinellas Counties.

26         3.  Two members shall reside in Pinellas County.

27         4.  One member shall reside in Manatee County.

28         5.  One member shall reside in Polk County.

29         6.  One member shall reside in Pasco County.

30         7.  One member shall be appointed at large from Levy,

31  Marion, Citrus, Sumter, Hernando, and Lake Counties.


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 1         8.  One member shall be appointed at large from

 2  Sarasota, Hardee, DeSoto, and Charlotte, and Highlands

 3  Counties.

 4         9.  One member shall be appointed at large from Levy,

 5  Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,

 6  DeSoto, and Charlotte, and Highlands Counties.

 7  

 8  No county described in subparagraph 7., subparagraph 8., or

 9  subparagraph 9. shall have more than one member on the

10  governing board.

11         Section 4.  This act shall take effect July 1, 2004.

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CODING: Words stricken are deletions; words underlined are additions.