HB 0817

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to Spring Lake Improvement District,
8	Highlands County; providing for codification of special
9	laws relating to the Spring Lake Improvement District, a
10	special tax district; providing legislative intent;
11	codifying, reenacting, and amending chapters 71-669, 77-
12	563, 88-461, and 90-434, Laws of Florida; providing for
13	minimum charter requirements; providing for provision of
14	other laws made applicable; repealing chapters 71-669, 77-
15	563, 88-461, and 90-434, Laws of Florida; providing for
16	severability; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Pursuant to chapters 97-255 and 98-320, Laws of
21	Florida, this act constitutes the codification of all special
22	acts relating to the Spring Lake Improvement District, an
23	independent special district and political subdivision of the
24	State of Florida. It is the intent of the Legislature in
25	enacting this law to provide a single, comprehensive special act
26	charter for the district, including all current legislative
27	authority granted to the district by its several legislative
28	enactments and any additional authority granted by this act. It
29	is further the intent of this act to preserve all district
30	authority, including the authority to annually assess and levy
31	against the taxable property in the district.
32	Section 2.  Chapters 71-669, 77-563, 88-461, and 90-434,
33	Laws of Florida, are codified, reenacted, amended, and repealed
34	as herein provided.
35	Section 3.  The Spring Lake Improvement District is re-
36	created, and the charter for the district is re-created and
37	reenacted to read:
38	Section 1.  Minimum charter requirements.--In accordance
39	with section 189.404(3), Florida Statutes, the following are the
40	minimum requirements for the charter of the Spring Lake
41	Improvement District:
42	(1)  The district is organized and exists for all purposes
43	set forth in this act and chapter 298, Florida Statutes, as they
44	may be amended from time to time, except as herein otherwise
45	provided.
46	(2)  The powers, functions, and duties of the district
47	regarding non-ad valorem assessments, bond issuance, other
48	revenue-raising capabilities, budget preparation and approval,
49	liens and foreclosure of liens, use of tax deeds and tax
50	certificates as appropriate for non-ad valorem assessments, and
51	contractual agreements shall be as set forth in chapters 189,
52	197, and 298, Florida Statutes, this act, or any other
53	applicable general or special law, as they may be amended from
54	time to time.
55	(3)  The district was created by the process contained in
56	chapter 298, Florida Statutes.
57	(4)  The district's charter may be amended only by special
58	act of the Legislature.
59	(5)  In accordance with chapter 298, Florida Statutes, the
60	district is governed by a board of supervisors.  The membership
61	and organization of the board shall be as set forth in this act
62	and chapter 298, Florida Statutes, as they may be amended from
63	time to time.
64	(6)  The compensation of board members shall be governed by
65	this act and chapter 298, Florida Statutes, as they may be
66	amended from time to time.
67	(7)  The administrative duties of the board shall be as set
68	forth in this act and chapter 298, Florida Statutes, as they may
69	be amended from time to time.
70	(8)  Requirements for financial disclosure, meeting
71	notices, reporting, public records maintenance, and per diem
72	expenses for officers and employees shall be as set forth in
73	this act and chapters 112, 189, 286, and 298, Florida Statutes,
74	as they may be amended from time to time.
75	(9)  The procedures and requirements governing the issuance
76	of bonds, notes, and other evidence of indebtedness by the
77	district shall be as set forth in this act and chapters 189 and
78	298, Florida Statutes, and applicable general laws, as they may
79	be amended from time to time.
80	(10)  The procedures for conducting district elections and
81	for qualification of electors shall be pursuant to this act and
82	chapters 189 and 298, Florida Statutes, and applicable general
83	laws as they may be amended from time to time.
84	(11)  The district may be financed by any method
85	established in this act, chapters 189 and 298, Florida Statutes,
86	or any applicable general laws, as they may be amended from time
87	to time.
88	(12)  In accordance with this act and chapter 298, Florida
89	Statutes, the district may continue to levy upon all of the real
90	taxable property in the district a special tax each year as
91	maintenance tax.
92	(13)  The method for collecting non-ad valorem assessments,
93	fees, or service charges shall be as set forth in this act and
94	chapters 197 and 298, Florida Statutes, as they may be amended
95	from time to time.
96	(14)  The district's planning requirements shall be as set
97	forth in chapters 189 and 298, Florida Statutes, as they may be
98	amended from time to time.
99	Section 2.  Creation of the district ratified and approved;
100	change of name of district to Spring Lake Improvement
101	District.--The decree of the circuit court of the of the Tenth
102	-The decree of the circuit court of the of the Tenth Judicial
103	Circuit in and for Highlands County, Florida, entered in Case
104	Number 1841, creating and incorporating the Spring Lake Drainage
105	District as a public corporation of this state, and all
106	subsequent proceedings taken in the circuit court concerning
107	that district, are hereby ratified, confirmed, and approved,
108	except that the boundaries of said district shall be as
109	hereinafter described. The drainage district shall henceforth be
110	known by the name of Spring Lake Improvement District, and shall
111	continue to be a public corporation of this state and have
112	perpetual existence. All lawful debts, bonds, obligations,
113	contracts, franchises, promissory notes, audits, minutes,
114	resolutions, and other undertakings of the Spring Lake Drainage
115	District are hereby validated and shall continue to be valid and
116	binding on the Spring Lake Improvement District in accordance
117	with their respective terms, conditions, covenants, and tenor.
118	Any proceeding heretofore begun under chapter 298, Florida
119	Statutes, or any other law, for the construction of any
120	improvements, works, or facilities, for the assessment of
121	benefits and damages or for the borrowing of money shall not be
122	impaired or avoided by this act, but may be continued and
123	completed in the name of the Spring Lake Improvement District.
124	Section 3.  Boundaries.--The boundaries of the district
125	shall be:
126	Spring Lake Improvement District, lying in Township
127	35, South, Range 30 East, in Highlands County,
128	Florida.
129	All that part of Section 18 lying North of the present
130	right of way of U.S. Highway No. 98 (Formerly State
131	Road No. 700) and East of the right of way of the
132	Access Road to Hendricks Field, less and except that
133	parcel thereof conveyed to Roland Droit and Lois
134	Droit, his wife, by deed dated November 1, 1951, and
135	recorded in Deed Book 127, Page 517, Public Records of
136	Highlands County, Florida.
137	All that part of Sections 16 and 17 lying North of the
138	present right of way of said U.S. Highway No. 98;
139	The East half of Section 9;
140	All of Section 10;
141	All that portion of Section 15 lying North of the
142	present right of way of said U.S. Highway No. 98;
143	The South 1/2 of Section 11 less the North 5/8 of the
144	East half of the Southeast 1/4 of said Section 11, and
145	less the East 210 feet of the West 552 feet of the
146	North 210 feet of the South 495 feet of the Southeast
147	1/4 of said Section 11, and less the present right of
148	way of said U.S. Highway No. 98 and less a tract of
149	land in Lot 5, Section 11, recorded in Deed Book 129,
150	Page 553, Public Records of Highlands County, Florida;
151	lying South and West of the Arbuckle Creek, containing
152	one acre, and less a tract of land conveyed by A. J.
153	Duncan and Hattie M. Duncan, his wife, to John C.
154	Thomas and Dorothy Mayer Thomas, his wife, and
155	recorded in Deed Book 128, Page 304, Public Records of
156	Highlands County, Florida, containing one acre;
157	All Government Lots 12 and 13 of Section 12; with the
158	reservation for an outfall ditch easement from Louis
159	H. Alsmeyer and wife, Lottie H. Alsmeyer, to the State
160	of Florida, dated October 30, 1947, recorded in Deed
161	Book 108, Page 517, and conveying a 30 foot strip of
162	land over a portion of said Government Lot 12 in
163	Section 12;
164	All of fractional Section 13;
165	All of fractional Section 14, less present right of
166	way of said U.S. Highway No. 98; and less all that
167	portion of the Subdivision of Spring Lake Section One
168	as recorded in Plat Book 9, Page 23, Public Records of
169	Highlands County, Florida;
170	All those portions of Section 15 lying South and East
171	of said right of way of said U.S. Highway No. 98 and
172	East of the East line of Spring Lake Section One
173	Subdivision, Plat Book 9, Page 23, Public Records of
174	Highlands County, Florida;
175	All that part of fractional Section 22 lying East of
176	the Southerly extension of the West line of Spring
177	Lake Section One Subdivision, Plat Book 9, Page 23,
178	Public Records of Highlands County, Florida;
179	All that part of fractional Section 23 lying Southerly
180	of the Subdivision of Spring Lake Section One, as
181	recorded in Plat Book 9, Page 23, of the Public
182	Records of Highlands County, Florida;
183	All containing 3,359 acres, more or less.
184	which said lands are included within the following
185	described boundaries:
186	Beginning at the Northwest corner of the East Half (E
187	1/2) of Section 9, Township 35 South, Range 30 East;
188	thence South 89°38'30" East along the North line of

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