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28 | Laws of Florida, are codified, reenacted, amended, and repealed |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