Senate Bill sb1364
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Florida Senate - 2005 SB 1364
By Senator Alexander
17-1439-05 See HB 171
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 requiring the Southwest Florida Water
11 Management District to take final agency action
12 with respect to certain permit applications
13 received prior to a date certain; amending s.
14 373.073, F.S.; removing Highlands County from
15 the Southwest Florida Water Management
16 District's governing board; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraphs (d) and (e) of subsection (2) of
22 section 373.069, Florida Statutes, are amended to read:
23 373.069 Creation of water management districts.--
24 (2) Notwithstanding the provisions of any other
25 special or general act to the contrary, the boundaries of the
26 respective districts named in subsection (1) shall include the
27 areas within the following boundaries:
28 (d) Southwest Florida Water Management
29 District.--Begin at the intersection of the north boundary of
30 Lee County with the Gulf of Mexico; thence eastward along the
31 Lee-Charlotte County line to the Southeast corner of Section
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 33, Township 42 South, Range 24 East; thence North into
2 Charlotte County, along the section lines to the Northeast
3 corner of Section 4, Township 42 South, Range 24 East; thence
4 East along the township line between Townships 41 and 42 South
5 to the Southeast corner of Section 36, Township 41 South,
6 Range 25 East; thence north along the section line to the
7 northwest corner of Section 6, Township 41 South, Range 26
8 East; thence east along the section line to the southeast
9 corner of Section 36, Township 40 South, Range 26 East; thence
10 North along the range line between Ranges 26 and 27 to the
11 Northeast corner of Section 1, Township 40 South, Range 26
12 East, and the Charlotte-Desoto County line; thence east along
13 the Charlotte-Desoto County line to the southeast corner of
14 Section 36, Township 39 South, Range 27 East; thence north
15 along the DeSoto-Highlands County line to the intersection of
16 the South boundary of Hardee County; thence north along the
17 Hardee-Highlands County line to the northwest corner of
18 Section 6, Township 33 South, Range 28 East; thence east
19 southwest corner of Township 35 South, Range 28 East; thence
20 east along the north boundary of Township 36 South to the
21 northeast corner of Section 1, Township 36 South, Range 28
22 East; thence south along the range line to the southeast
23 corner of Section 12, Township 37 South, Range 28 East; thence
24 east along the section line to the northeast corner of Section
25 15, Township 37 South, Range 29 East; thence south along the
26 section line to the southeast corner of Section 34, Township
27 37 South, Range 29 East; thence east along the township line
28 to the northeast corner of Section 1, Township 38 South, Range
29 29 East; thence south along the range line to the southeast
30 corner of Section 1, Township 39 South, Range 29 East; thence
31 east along the section line to the northwest corner of Section
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 11, Township 39 South, Range 30 East; thence north along the
2 section line to the southwest corner of Section 35, Township
3 38 South, Range 30 East; thence east along the township line
4 to the southeast corner of the west 1/4 of Section 35,
5 Township 38 South, Range 30 East; thence north along the
6 1/4-section line of Sections 35, 26, and 23, Township 38
7 South, Range 30 East to the northeast corner of the west 1/4
8 section of Section 23, Township 38 South, Range 30 East;
9 thence west along the section line to the northwest corner of
10 Section 23, Township 38 South, Range 30 East; thence north
11 along the section line to the northwest corner of Section 2,
12 Township 37 South, Range 30 East; thence west along the
13 township line to the southwest corner of Section 34, Township
14 36 South, Range 30 East; thence north along the section line
15 to the northwest corner of Section 3, Township 36 South, Range
16 30 East; thence west along the township line to the southwest
17 corner of Section 31, Township 35 South, Range 30 East; thence
18 north along the range line between Ranges 29 and 30 East,
19 through Townships 35, 34, and 33 South, to the northeast
20 corner of Township 33 South, Range 29 East, being on the
21 Highlands-Polk County line; thence west along the
22 Highlands-Polk County line to the southeast corner of Township
23 32 South, Range 28 East; thence north along the range line
24 between Ranges 28 and 29 East, in Townships 32 and 31 South,
25 to the northeast corner of Section 12 in Township 31 South,
26 Range 28 East; thence east along the section line to the
27 northeast corner of Section 7, Township 31 South, Range 29
28 East; thence north along the section line to the northwest
29 corner of Section 17, Township 30 South, Range 29 East; thence
30 east along the section line to the northeast corner of the
31 west 1/2 of Section 17, Township 30 South, Range 29 East;
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 thence north along the 1/2-section line to the northeast
2 corner of the west 1/2 of Section 5, Township 30 South, Range
3 29 East; thence west along the section line to the southwest
4 corner of Section 32, Township 29 South, Range 29 East; thence
5 north along the section line to the northeast corner of
6 Section 19 in Township 29 South, Range 29 East; thence west
7 along the north boundaries of Section 19, Township 29 South,
8 Range 29 East, and Sections 24, 23, 22, 21, and 20, Township
9 29 South, Range 28 East, to the northwest corner of said
10 Section 20; thence north along the section line to the
11 intersection of said section line with the west shore line of
12 Lake Pierce in Township 29 South, Range 28 East; thence
13 following the west shore of Lake Pierce to its intersection
14 again with the west section line of Section 5, Township 29
15 South, Range 28 East; thence north along the section line to
16 the northwest corner of Section 5, Township 29 South, Range 28
17 East; thence east along the township line to the southwest
18 corner of Section 33, Township 28 South, Range 28 East; thence
19 north along the section line to the northwest corner of the
20 southwest 1/4 of the southwest 1/4 of Section 28, Township 28
21 South, Range 28 East; thence east along the 1/4-section line
22 to the intersection of said 1/4-section line with Lake Pierce;
23 thence follow the shore line northeasterly to its intersection
24 with the 1/2-section line of Section 28, Township 28 South,
25 Range 28 East; thence north on the 1/2-section line to the
26 northwest corner of the southeast 1/4 of Section 28, Township
27 28 South, Range 28 East; thence east to the northeast corner
28 of the southeast 1/4 of Section 28, Township 28 South, Range
29 28 East; thence south along the section line to the northwest
30 corner of Section 3, Township 29 South, Range 28 East; thence
31 east along the section line to the northeast corner of Section
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 3, Township 29 South, Range 28 East; thence north along the
2 section line to the northwest corner of Section 23, Township
3 28 South, Range 28 East; thence west along the section line to
4 the southwest corner of Section 16, Township 28 South, Range
5 28 East; thence north along the section line to the northwest
6 corner of Section 16, Township 28 South, Range 28 East; thence
7 west along the section line to the southwest corner of Section
8 8, Township 28 South, Range 28 East; thence north along the
9 section line to the northwest corner of Section 5, Township 28
10 South, Range 28 East; thence west along the township line to
11 the intersection of said township line with Lake Marion;
12 thence following the south shore line of Lake Marion to its
13 intersection again with said township line; thence west along
14 the township line to the southeast corner of Section 36,
15 Township 37 South, Range 27 East; thence north along the range
16 line between Ranges 27 and 28 East to the intersection of said
17 range line with Lake Marion; thence following the west shore
18 of Lake Marion to its intersection again with the range line
19 between Ranges 27 and 28 East; thence north along said range
20 line, in Townships 27 and 26 South, to the northeast corner of
21 Township 26 South, Range 27 East, being on the Polk-Osceola
22 County line; thence west along the Polk-Osceola County line to
23 the northwest corner of Township 26 South, Range 27 East;
24 thence north along the section line to the Lake-Polk County
25 line; thence west along the county line to the southwest
26 corner of Section 32, Township 24 South, Range 26 East; thence
27 into Lake County, north along the section lines to the
28 northeast corner of Section 30, Township 24 South, Range 26
29 East; thence west along the section lines to the northeast
30 corner of Section 28, Township 24 South, Range 25 East; thence
31 north along the section lines to the northeast corner of
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 Section 16, Township 24 South, Range 25 East; thence west
2 along the section line to the northwest corner of Section 16,
3 Township 24 South, Range 25 East; thence north along the
4 section line to the northeast corner of Section 8, Township 24
5 South, Range 25 East; thence west along the section lines to
6 the range line between Ranges 24 and 25; thence north along
7 the range line to the northeast corner of Section 1, Township
8 23 South, Range 24 East, also being on the township line
9 between Townships 22 and 23 South; thence west along the
10 township line to the northwest corner of Section 6, Township
11 23 South, Range 24 East also being on the Sumter-Lake County
12 line; thence north along the Sumter-Lake County line, also
13 being the range line between Ranges 23 and 24, to the
14 northeast corner of Section 1, Township 18 South, Range 23
15 East and the Marion County line; thence west, along the
16 Sumter-Marion County line, also being the township line
17 between Townships 17 and 18 South, to the westerly
18 right-of-way line of Interstate Highway 75; thence northerly
19 along the westerly right-of-way line of Interstate Highway 75
20 to the Alachua-Marion County line, said line also being the
21 township line between Townships 11 and 12 South; thence west
22 along the Alachua-Marion County line to the northwest corner
23 of Section 3, Township 12 South, Range 19 East and the Levy
24 County line; thence westerly along the Levy-Alachua County
25 line, also being the township line between Townships 11 and 12
26 South, to the southeast corner of Section 36, Township 11
27 South, Range 17 East; thence north along the Levy-Alachua
28 County line, also being the range line between Ranges 17 and
29 18 East, to the southerly right-of-way line of State Road No.
30 24; thence southwesterly along said southerly right-of-way
31 line to the easterly right-of-way line of State Road No. 337;
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 thence southerly, along said easterly right-of-way line of
2 State Road No. 337, to the south line of Section 35, Township
3 14 South, Range 17 East; thence west along the section line to
4 the northwest corner of Section 3, Township 15 South, Range 17
5 East; thence south along the section lines to the southwest
6 corner of Section 27, Township 15 South, Range 17 East; thence
7 west to the Gulf of Mexico; thence south along the Gulf of
8 Mexico, including the waters of said gulf within the
9 jurisdiction of the State of Florida, to the point of
10 beginning.
11 (e) South Florida Water Management District.--Begin at
12 the intersection of the north boundary of Lee County with the
13 Gulf of Mexico; thence easterly along the Lee-Charlotte County
14 line to the southwest corner of Section 34, Township 42 South,
15 Range 24 East; thence northerly along the section lines to the
16 northwest corner of Section 3, Township 42 South, Range 24
17 East; thence easterly along the Township line between
18 Townships 41 and 42 South to the southwest corner of Section
19 31, Township 41 South, Range 26 East; thence northerly along
20 the Range line between Ranges 25 and 26 East to the northwest
21 corner of Section 6, Township 41 South, Range 26 East; thence
22 easterly along the Township line between Townships 40 and 41
23 South to the southwest corner of Section 31, Township 40
24 South, Range 27 East; thence northerly along the Range line
25 between Ranges 26 and 27 East to the Charlotte-DeSoto County
26 line; thence easterly along the Charlotte-Desoto County line
27 to the west line of Highlands County; thence northerly along
28 the Highlands-Desoto County line and along the
29 Highlands-Hardee County line to the northwest corner of
30 Section 6, Township 33 South, Range 28 East; thence east
31 Township 36 South, Range 28 East; thence east along the north
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 boundary of Township 36 South to the northeast corner of
2 Section 1, Township 36 South, Range 28 East; thence south
3 along the range line to the southeast corner of Section 12,
4 Township 37 South, Range 28 East; thence east along the
5 section line to the northeast corner of Section 15, Township
6 37 South, Range 29 East; thence south along the section line
7 to the southeast corner of Section 34, Township 37 South,
8 Range 29 East; thence east along the township line to the
9 northeast corner of Section 1, Township 38 South, Range 29
10 East; thence south along the range line to the southeast
11 corner of Section 1, Township 39 South, Range 29 East; thence
12 east along the section line to the northwest corner of Section
13 11, Township 39 South, Range 30 East; thence north along the
14 section line to the southwest corner of Section 35, Township
15 38 South, Range 30 East; thence east along the township line
16 to the southeast corner of the west 1/4 of Section 35,
17 Township 38 South, Range 30 East; thence north along the
18 1/4-section line of Sections 35, 26, and 23, Township 38
19 South, Range 30 East to the northeast corner of the west 1/4
20 section of Section 23, Township 38 South, Range 30 East;
21 thence west along the section line to the northwest corner of
22 Section 23, Township 38 South, Range 30 East; thence north
23 along the section line to the northwest corner of Section 2,
24 Township 37 South, Range 30 East; thence west along the
25 township line to the southwest corner of Section 34, Township
26 36 South, Range 30 East; thence north along the section line
27 to the northwest corner of Section 3, Township 36 South, Range
28 30 East; thence west along the township line to the southwest
29 corner of Section 31, Township 35 South, Range 30 East; thence
30 north along the range line between Ranges 29 and 30 East,
31 through Townships 35, 34, and 33 South, to the northwest
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 corner of Township 33 South, Range 30 East, being on the
2 Highlands-Polk County line; thence west along the
3 Highlands-Polk County line to the southwest corner of Township
4 32 South, Range 29 East; thence north along the range line
5 between Ranges 28 and 29 East, in Townships 32 and 31 South,
6 to the northwest corner of Section 7 in Township 31 South,
7 Range 29 East; thence east along the section line to the
8 northeast corner of Section 7, Township 31 South, Range 29
9 East; thence north along the section line to the northwest
10 corner of Section 17, Township 30 South, Range 29 East; thence
11 east along the section line to the northeast corner of the
12 west 1/2 of Section 17, Township 30 South, Range 29 East;
13 thence north along the 1/2-section line to the northeast
14 corner of the west 1/2 of Section 5, Township 30 South, Range
15 29 East; thence west along the section line to the southwest
16 corner of Section 32, Township 29 South, Range 29 East; thence
17 north along the section line to the northeast corner of
18 Section 19 in Township 29 South, Range 29 East; thence west
19 along the south boundaries of Section 18, Township 29 South,
20 Range 29 East and Sections 13, 14, 15, 16, and 17 in Township
21 29 South, Range 28 East, to the southwest corner of said
22 Section 17; thence north along the section line to the
23 intersection of said section line with the west shore line of
24 Lake Pierce in Township 29 South, Range 28 East; thence
25 following the west shore of Lake Pierce to its intersection
26 again with the west section line of Section 5, Township 29
27 South, Range 28 East; thence north along the section line to
28 the northwest corner of Section 5, Township 29 South, Range 28
29 East; thence east along the township line to the southwest
30 corner of Section 33, Township 28 South, Range 28 East; thence
31 north along the section line to the northwest corner of the
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 southwest 1/4 of the southwest 1/4 of Section 28, Township 28
2 South, Range 28 East; thence east along the 1/4-section line
3 to the intersection of said 1/4-section line with Lake Pierce;
4 thence follow the shore line northeasterly to its intersection
5 with the 1/2-section line of Section 28, Township 28 South,
6 Range 28 East; thence north on the 1/2-section line to the
7 northwest corner of the southeast 1/4 of Section 28, Township
8 28 South, Range 28 East; thence east along the 1/2-section
9 line to the northeast corner of the southeast 1/4 of Section
10 28, Township 28 South, Range 28 East; thence south along the
11 section line to the northwest corner of Section 3, Township 29
12 South, Range 28 East; thence east along the section line to
13 the northeast corner of Section 3, Township 29 South, Range 28
14 East; thence north along the section line to the northwest
15 corner of Section 23, Township 28 South, Range 28 East; thence
16 west along the section line to the southwest corner of Section
17 16, Township 28 South, Range 28 East; thence north along the
18 section line to the northwest corner of Section 16, Township
19 28 South, Range 28 East; thence west along the section line to
20 the southwest corner of Section 8, Township 28 South, Range 28
21 East; thence north along the section line to the northwest
22 corner of Section 5, Township 28 South, Range 28 East; thence
23 west along the township line to the intersection of said
24 township line with Lake Marion; thence following the south
25 shore line of Lake Marion to its intersection again with said
26 township line; thence west along the township line to the
27 southeast corner of Section 36, Township 27 South, Range 27
28 East; thence north along the range line between Ranges 27 and
29 28 East to the intersection of said range line with Lake
30 Marion; thence following the west shore of Lake Marion to its
31 intersection again with the range line between Ranges 27 and
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 28 East; thence north along said range line, in Townships 27
2 and 26 South, to the northwest corner of Township 26 South,
3 Range 28 East, being on the Polk-Osceola County line; thence
4 west along the Polk-Osceola County line to the southwest
5 corner of Township 25 South, Range 27 East; thence northerly
6 along the range line between Ranges 26 and 27 East to the
7 northwest corner of Section 18, Township 23 South, Range 27
8 East; thence easterly along the section lines to the southwest
9 corner of Section 12, Township 23 South, Range 27 East; thence
10 northerly along the section lines to the northwest corner of
11 Section 1, Township 23 South, Range 27 East; thence easterly
12 along the Township line between Townships 22 and 23 South to
13 the southwest corner of Section 31, Township 22 South, Range
14 29 East; thence northerly along the Range line between Ranges
15 28 and 29 East to the northwest corner of Section 30, Township
16 22 South, Range 29 East; thence easterly along the section
17 lines to the westerly right-of-way line of U.S. Highway 441;
18 thence southerly along the westerly right-of-way line to the
19 intersection with the northerly right-of-way line of State
20 Road 528A; thence easterly along the northerly right-of-way
21 line to the intersection with the northerly right-of-way line
22 of State Road 528, also known as the Bee Line Expressway;
23 thence easterly along the northerly right-of-way line of State
24 Road 528 to the intersection with the range line between
25 Township 23 South, Range 31 East and Township 23 South, Range
26 32 East; thence southerly along the Range line between Ranges
27 31 and 32 East to the Orange-Osceola County line; thence
28 easterly along said county line between Townships 24 and 25
29 South to the northeast corner of Section 5, Township 25 South,
30 Range 32 East; thence southerly along the section lines to the
31 southeast corner of Section 32, Township 25 South, Range 32
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 East; thence easterly along the Township line between
2 Townships 25 and 26 South to the northeast corner of Section
3 1, Township 26 South, Range 32 East; thence southerly along
4 the Range line between Ranges 32 and 33 East to the southeast
5 corner of Section 36, Township 27 South, Range 32 East; thence
6 westerly along the township line between Townships 27 and 28
7 South, to the northeast corner of Section 1, Township 28
8 South, Range 32 East; thence southerly along the Range line
9 between Ranges 32 and 33 East to the southeast corner of
10 Section 36, Township 29 South, Range 32 East; thence easterly
11 along the Township line between Townships 29 and 30 South to
12 the northeast corner of Section 1, Township 30 South, Range 33
13 East; thence southerly along the Range line between Ranges 33
14 and 34 East to the southeast corner of Section 36, Township 30
15 South, Range 33 East; thence westerly along the Township line
16 between Townships 30 and 31 South to the northeast corner of
17 Section 4, Township 31 South, Range 33 East; thence southerly
18 along the section lines to the Osceola-Okeechobee County line;
19 thence easterly along said county line to the northeast corner
20 of Section 3, Township 33 South, Range 34 East; thence
21 southerly along the section lines to the southeast corner of
22 Section 34, Township 34 South, Range 34 East; thence easterly
23 along the Township line between Townships 34 and 35 South to
24 the southwest corner of Section 36, Township 34 South, Range
25 35 East; thence northerly along the section lines to the
26 northwest corner of Section 13, Township 34 South, Range 35
27 East; thence easterly along the section line to the Range line
28 between Ranges 35 and 36 East; thence northerly along said
29 Range line to the northwest corner of Section 18, Township 34
30 South, Range 36 East; thence easterly along the section lines
31 to the southwest corner of Section 10, Township 34 south,
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 Range 36 East; thence northerly along the section line to the
2 northwest corner of said Section 10; thence easterly along the
3 section lines to the Okeechobee-St. Lucie County line; thence
4 northerly along said county line to the south line of Indian
5 River County; thence easterly along the St. Lucie-Indian River
6 County line to the Atlantic Ocean; thence southerly along the
7 Atlantic Ocean to the Gulf of Mexico; thence northerly along
8 the Gulf of Mexico, including the waters of said Ocean and of
9 said Gulf and the islands therein within the jurisdiction of
10 the State of Florida, to the point of beginning.
11 Section 2. Present subsection (3) of section 373.0691,
12 Florida Statutes, is renumbered as subsection (4), and a new
13 subsection (3) is added to that section, to read:
14 373.0691 Transfer of areas.--
15 (3) Effective at 12:01 a.m. on July 1, 2005, that
16 portion of Highlands County formerly within the Southwest
17 Florida Water Management District as set forth in s. 373.069
18 is transferred to the South Florida Water Management District.
19 With respect to the area transferred and at the time of the
20 change of boundaries, all contractual obligations of the
21 Southwest Florida Water Management District, all real property
22 interests owned by the Southwest Florida Water Management
23 District, all regulatory responsibilities of the Southwest
24 Florida Water Management District, all equipment and other
25 personal property used solely by the Southwest Florida Water
26 Management District in that area, and all records of the
27 Southwest Florida Water Management District shall be
28 transferred and delivered to the South Florida Water
29 Management District. However, the Southwest Florida Water
30 Management District shall take final agency action on any
31 permit applications received before July 1, 2005, after which
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
1 all matters related to any such permits issued shall be
2 regulated by the South Florida Water Management District.
3 Section 3. Paragraph (e) of subsection (2) of section
4 373.073, Florida Statutes, is amended to read:
5 373.073 Governing board.--
6 (2) Membership on governing boards shall be selected
7 from candidates who have significant experience in one or more
8 of the following areas, including, but not limited to:
9 agriculture, the development industry, local government,
10 government-owned or privately owned water utilities, law,
11 civil engineering, environmental science, hydrology,
12 accounting, or financial businesses. Notwithstanding the
13 provisions of any other general or special law to the
14 contrary, vacancies in the governing boards of the water
15 management districts shall be filled according to the
16 following residency requirements, representing areas
17 designated by the United States Water Resources Council in
18 United States Geological Survey, River Basin and Hydrological
19 Unit Map of Florida--1975, Map Series No. 72:
20 (e) Southwest Florida Water Management District:
21 1. Two members shall reside in Hillsborough County.
22 2. One member shall reside in the area consisting of
23 Hillsborough and Pinellas Counties.
24 3. Two members shall reside in Pinellas County.
25 4. One member shall reside in Manatee County.
26 5. One member shall reside in Polk County.
27 6. One member shall reside in Pasco County.
28 7. One member shall be appointed at large from Levy,
29 Marion, Citrus, Sumter, Hernando, and Lake Counties.
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Florida Senate - 2005 SB 1364
17-1439-05 See HB 171
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.
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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, 2005.
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