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27 | Laws of Florida, are codified, reenacted, amended, and repealed |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