Senate Bill sb2728

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    Florida Senate - 2005        (NP)                      SB 2728

    By Senator Posey





    24-1323-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Ranger Drainage

  3         District, Orange County; amending chapter

  4         99-453, Laws of Florida; providing additional

  5         authority for limited fire control and

  6         prevention; providing for maintenance of

  7         passive recreation areas and facilities,

  8         environmental mitigation, security services,

  9         signage, and maintenance of common areas;

10         providing authority for enforcement of

11         covenants and deed restrictions; increasing the

12         membership of the governing board; providing

13         for staggered terms of members; providing an

14         effective date.

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16         WHEREAS, the Ranger Drainage District is the primary

17  local public agency that provides for maintenance of

18  infrastructure, including drainage, flood protection

19  facilities, and environmental features within the district,

20  and

21         WHEREAS, residential development within the district is

22  occurring at an extremely rapid rate and requires increased

23  maintenance to public infrastructure such as common areas,

24  passive recreational areas, and district rights of way, and

25         WHEREAS, there is a need for better security and fire

26  protection to ensure safety of persons and property within the

27  district, and

28         WHEREAS, all neighborhood associations within the

29  district have urged the Legislature to grant the district

30  additional authority to maintain and restore public

31  infrastructure, and

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    Florida Senate - 2005        (NP)                      SB 2728
    24-1323-05                                              See HB




 1         WHEREAS, it is the intent of the Legislature to provide

 2  the district with the powers necessary to maintain public

 3  infrastructure and protect public and private property within

 4  the district, NOW, THEREFORE,

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

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 8         Section 1.  Subsection (4) is added to section 5 of

 9  chapter 99-453, Laws of Florida, to read:

10         Section 5.  Additional district powers.--

11         (4)  The Ranger Drainage District shall have the

12  following additional powers and authorities:

13         (a)  To construct and maintain firebreaks and related

14  facilities for fire prevention and control within district

15  easements, rights-of-way, and property in cooperation with the

16  Department of Agriculture and Consumer Services, the Division

17  of Forestry, or other fire prevention agencies.

18         (b)  To own, acquire, construct, operate, and maintain

19  passive recreation areas and facilities within the district,

20  including, but not limited to, parks, walking or hiking

21  trails, and related facilities.

22         (c)  To acquire property for construction of projects

23  within and adjacent to the district for environmental

24  protection, restoration, or mitigation purposes. The district

25  is also authorized to cooperate with public agencies and

26  landowners in such projects.

27         (d)  To provide security services within the district

28  for the purpose of protecting district property and

29  facilities.

30         (e)  To construct and maintain signage and facilities

31  identifying district ingress and egress locations.

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    Florida Senate - 2005        (NP)                      SB 2728
    24-1323-05                                              See HB




 1         (f)  To maintain all district common areas, including,

 2  but not limited to, easements, road shoulders, and medians.

 3         (g)  To enforce landowner covenants and restrictions

 4  within district communities, provided a community property

 5  owners' association approves such action by majority vote of

 6  its board.

 7         Section 2.  Subsection (5) of section 7 of chapter

 8  99-453, Laws of Florida, is amended to read:

 9         Section 7.  Minimum charter requirements.--In

10  accordance with s. 189.404(3), Florida Statutes, the following

11  subsections shall constitute the charter of the Ranger

12  Drainage District:

13         (5)  In accordance with chapter 189, Florida Statutes,

14  this act, and s. 298.11, Florida Statutes, the district is

15  governed by a five-member three-member board, elected on a

16  one-acre, one-vote basis by the landowners in the district;

17  however, landowners owning less than one acre shall be

18  entitled to one vote. Landowners with more than one acre shall

19  be entitled to one additional vote for any fraction of an acre

20  greater than 1/2 acre owned, when all of the landowner's

21  acreage has been aggregated for purposes of voting. The

22  current board position which term expires in 2005 shall be

23  denominated seat 1 and shall be elected for a term of 3 years

24  or until a successor is elected. The current board position

25  which term expires in 2006 shall be denominated seat 2 and

26  shall be elected for a term of 3 years or until a successor is

27  elected. The current board position which term expires in 2007

28  shall be denominated seat 3 and shall be elected for a term of

29  3 years or until a successor is elected. The newly created

30  seats to be elected in 2005 shall be denominated seat 4 and

31  seat 5. Seat 4 shall be elected for a term of 3 years. Seat 5

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    Florida Senate - 2005        (NP)                      SB 2728
    24-1323-05                                              See HB




 1  shall be elected for a term of 2 years. After the election in

 2  2005, all terms of board members shall be 3 years or until a

 3  successor is elected. The membership and organization of the

 4  board shall be as set forth in this act and chapter 298,

 5  Florida Statutes, as they may be amended from time to time,

 6  provided, however, that the annual landowners' meeting held

 7  for the purpose of electing board members and other purposes

 8  shall be held in September at a time and place to be

 9  determined by the board.

10         Section 3.  This act shall take effect upon becoming a

11  law.

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