HB 0765

1	A bill to be entitled
2	An act relating to Polk County; abolishing the Peace Creek
3	Drainage District and transferring its powers, duties,
4	functions, assets, and liabilities to the Lake Region
5	Lakes Management District; amending the charter of the
6	Lake Region Lakes Management District, as reenacted and
7	amended by chapter 2004-393, Laws of Florida,; redefining
8	the territorial boundaries of the district; clarifying
9	eligibility to vote for members of the board of
10	commissioners of the district; prohibiting the board of
11	commissioners of the district from taking specified
12	actions with respect to canals and waterways within areas
13	of the district; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  The Peace Creek Drainage District is abolished
18	on July 1, 2005. Beginning on that date, the Board of
19	Commissioners of the Lake Region Lakes Management District shall
20	assume all powers and duties formerly exercised by the Board of
21	Supervisors of the Peace Creek Drainage District, and the Lake
22	Region Lakes Management District shall succeed to all assets and
23	liabilities of the Peace Creek Drainage District.
24	Section 2.  Section 1 of the charter of the Lake Region
25	Lakes Management District, as reenacted and amended by chapter
26	2004-393, Laws of Florida, is amended to read:
27	Section 1.  Purpose and territorial boundaries.--That for
28	the purpose of acquiring, constructing, operating, maintaining,
29	and protecting a system of boat canals, drainage canals; dams,
30	locks, and other proper and necessary works in connection
31	therewith, for the purpose of aiding in flood control, lake
32	level management, and protecting, maintaining, and improving the
33	water quality in the lakes and canals in conjunction with state,
34	county, and city agencies, for the purpose of connecting the
35	lakes within or adjacent to the boundaries hereinafter
36	prescribed, and for moving waters out of such lakes, and for the
37	purpose of promoting access to the lakes and the public
38	convenience, utility, and welfare, the Lake Region Lakes
39	Management District (the "district"), in Polk County has been
40	created and established, and is hereby confirmed, as an
41	independent special district., The territorial boundaries of
42	which are as follows, to wit:
43	(1)  Beginning at the center of east line of
44	section 2, or township twenty-eight (28) south, of
45	range twenty-six (26) east; thence south with section
46	line between section one (1) and two (2), eleven (11)
47	and twelve (12), thirteen (13) and fourteen (14),
48	twenty-three (23) and twenty-four (24), to the
49	northeast corner of section twenty-six (26) said
50	township and range; Thence east on section line to
51	northeast corner of northwest quarter of section
52	twenty-five (25), thence south with the half section
53	line to the center of section thirteen (13), township
54	29 south, range 26 east; Thence west on the half
55	section line to the southwest corner of the northwest
56	quarter of section line to the southwest corner of the
57	northwest quarter of section sixteen (16) said
58	township and range; Thence north with section line to
59	the northwest corner of the southwest quarter of
60	section four (4), said township and range; Thence west
61	with the half section line to center of section six
62	(6) said township and range; Thence north with half
63	section line to the northwest corner of northeast
64	quarter (NE 1/4) of section thirty-one (31), township
65	28 south, range 26 east; Thence west with section line
66	to southeast corner of section twenty-five (25),
67	township 28 south, range 25 east; Thence north with
68	the section line to the northeast corner of section
69	twenty-four (24), said township and range; Thence west
70	to center of north line of section twenty-four (24);
71	thence north with half section line to center of
72	section one (1), township 28, range 25; Thence east
73	with the half section line to the northeast corner of
74	southeast quarter (SE 1/4) of section two (2),
75	township 28 south, range 26 east, the point of
76	beginning; embracing within said district the
77	following lands, viz; The south half of sections two,
78	three, four, five and six and all of sections seven,
79	eight, nine, ten, eleven, fourteen, fifteen, sixteen,
80	seventeen, eighteen, nineteen, twenty, twenty-one,
81	twenty-two, twenty-three, twenty-six, twenty-seven,
82	twenty-eight, twenty-nine, thirty, thirty-two, thirty-
83	three, thirty-four, and thirty-five and the west half
84	of sections twenty-five and thirty-six and the east
85	half of section thirty-one in township 28 south, range
86	26 east and all of sections two, three, four, nine,
87	ten and eleven, and the west half of sections one and
88	twelve and the north half of sections five, fourteen,
89	fifteen and sixteen and the northeast quarter of
90	section six and the northwest quarter of section
91	thirteen in township 29 south, range 26 east, and the
92	east half of sections twelve and thirteen, and the
93	southeast quarter of section one in township 28 south,
94	range 25 east.
95	And:
96	Beginning at the Northwest corner of Section 2,
97	Township 28 South, Range 26 East, Polk County,
98	Florida;
99	Run thence Easterly, along the north line thereof, to
100	the Northeast corner of the West one-half of the
101	Northeast quarter of said Section 2;
102	Thence Southerly, along said east line of the west
103	one-half of the Northeast quarter of said Section 2,
104	to the Southeast corner thereof;
105	Thence Westerly, along the south line of the west one-
106	half of the Northeast quarter and the south line of
107	the Northwest quarter of said Section 2, to the
108	Southeast corner of the north one-half of Section 3,
109	Township 28 South, Range 26 East;
110	Thence continue Westerly, along the south line of the
111	North one-half of said Section 3, to the southeast
112	corner of the north one-half of Section 4, Township 28
113	South, Range 26 East;
114	Thence continue Westerly, along the south line of the
115	north one-half of said Section 4, to the southeast
116	corner of the north one-half of Section 5, Township 28
117	South, Range 26 East;
118	Thence continue Westerly, along the south line of the
119	north one-half of said Section 5, to the southeast
120	corner of the north one-half of Section 6, Township 28
121	South, Range 26 East;
122	Thence continue Westerly, along the south line of the
123	north one-half of said Section 6, to the southeast
124	corner of the Northeast quarter of Section 1, Township
125	28 South, Range 25 East;
126	Thence continue Westerly, along the south line of the
127	Northeast quarter and the south line of the Northwest
128	quarter of said Section 1, to the southwest corner of
129	the East one-half of the Northwest quarter of said
130	Section 1;
131	Thence Northerly, along the west line of the East one-
132	half of the Northwest quarter of said Section 1, to
133	the northwest corner thereof;
134	Thence Easterly, along the north line of the East one-
135	half of the Northwest quarter of said Section 1, to
136	the southwest corner of the South one-half of the
137	Southeast quarter of Section 36, Township 27 South,
138	Range 25 East;
139	Thence Northerly, along the west line of the South
140	one-half of the Southeast quarter of said Section 36,
141	to the northwest corner thereof;
142	Thence Easterly, along the north line of the South
143	one-half of the Southeast quarter of said Section 36,
144	to the northeast corner thereof, also being a point on
145	the westerly line of Section 31, Township 27 South,
146	Range 26 East;
147	Thence Northerly, along the west line of said Section
148	31, to the southwest corner of Section 30, Township 27
149	South, Range 26 East;
150	Thence continue Northerly, along the west line of said
151	Section 30, to the southwest corner of Section 19,
152	Township 27 South, Range 26 East;
153	Thence continue Northerly, along the west line of said
154	Section 19, to the northwest corner thereof;
155	Thence Easterly, along the north line of said Section
156	19, to the northwest corner of Section 20, Township 27
157	South, Range 26 East;
158	Thence continue Easterly, along the north line of said
159	Section 20, to the southwest corner of the Southeast
160	quarter of the Southeast quarter of Section 17,
161	Township 27 South, Range 26 East;
162	Thence Northerly, along the west line of the Southeast
163	quarter of the Southeast quarter of said Section 17,
164	to the northwest corner thereof;
165	Thence Easterly, along the north line of the Southeast
166	quarter of the Southeast quarter of said Section 17,
167	to the northeast corner thereof;
168	Thence Southerly, along the east line of the Southeast
169	quarter of the Southeast quarter of said Section 17,
170	to the Northwest corner of Section 21, Township 27
171	South, Range 26 East;
172	Thence Easterly, along the north line of said Section
173	21, to the northeast corner thereof;
174	Thence Southerly, along the east line of said Section
175	21, to the northwest corner of the Southwest quarter
176	of Section 22, Township 27 South, Range 26 East;
177	Thence Easterly, along the north line of the Southwest
178	quarter of said Section 22, to the northeast corner
179	thereof;
180	Thence Southerly, along the east line of the Southwest
181	quarter of said Section 22, to the southeast corner
182	thereof, also being a point on the north line of
183	Section 27, Township 27 South, Range 26 East;
184	Thence Easterly, along the north line of said Section
185	27, to the northeast corner thereof;
186	Thence Southerly, along the east line of said Section
187	27, to the northeast corner of Section 34, Township 27
188	South, Range 26 East;
189	Thence continue Southerly, along the east line of said
190	Section 34, to the southeast corner thereof and the
191	Point of Beginning.
192	(2)  That part of Sections 25 and 26 lying south
193	of U.S. Hwy. 17-92, and Sections 35 and 36, all in
194	Township 27 South, Range 26 East;
195	and
196	That part of Section 30 lying south of U.S. Hwy. 17-
197	92, and Section 31, all in Township 27 South, Range 27
198	East;
199	and
200	Section 1, and the East one-half of the Northeast
201	quarter of Section 2, and Sections 12, 13, and 24, and
202	the East one-half of Section 25, and the West one-half
203	of Section 25 lying north of C.R. 542, and the East
204	one-half of Section 36, all in Township 28 South,
205	Range 26 East;
206	and
207	The West quarter of Section 4, and the West one-half
208	of the Northwest quarter of Section 9, and the West
209	one-half of Section 21, and Section 28 lying west of
210	Alternate U.S. Hwy. 27 and lying north of C.R. 542,
211	and Section 33, less the Northeast quarter, and the
212	South one-half of Section 34, and all of Sections 5,
213	6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, all in
214	Township 28 South, Range 27 East;
215	and
216	The East one-half of Section 1, and the East one-half
217	of Section 12, and Section 13 less the Northwest
218	quarter, and the South one-half of Section 14, and the
219	South one-half of Section 15, and the South one-half
220	of Section 28, and the South one-half of Section 29,
221	and the South one-half of Section 30, and all of
222	Sections 22, 23, 24, 25, 26, 27, 31, 32, 33, 34, 35,
223	and 36, all in Township 29 South, Range 26 East;
224	and
225	All of Sections 3, 4, 5, 6, 7, and 8, and the West
226	three-quarters of Section 9, and all of Sections 16,
227	17, 18, 19, 20, and 21, and Section 27 lying west of
228	U.S. Hwy. 27, and all of Sections 28, 29, 30, 31, 32,
229	and 33, and Section 34 lying west of U.S. Hwy. 27, all
230	in Township 29 South, Range 27 East;
231	and
232	The South one-half of Section 25, and the South one-
233	half of Section 26, and all of Sections 35 and 36, all
234	in Township 29 South, Range 25 East;
235	and
236	All of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13,
237	14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28,
238	29, 34, and 35, all in Township 30 South, Range 26
239	East;
240	and
241	That part of Section 3 lying west of U.S. Hwy. 27, and
242	all of Sections 4, 5, 6, 7, 8, and 9, and that part of
243	Section 10 lying west of U.S. Hwy. 27, and that part
244	of Section 14 lying west of U.S. Hwy. 27, and all of
245	Sections 15, 16, 17, 18, 19, 20, 21, and 22, and that
246	part of Section 23 lying west of U.S. Hwy. 27, and
247	that part of Section 26 lying west of U.S. Hwy. 27,
248	and all of Sections 27, 28, 29, and 30, all in
249	Township 30 South, Range 27 East.
250	All of the above lands lying in Polk County, Florida.
251	Section 3.  Section 2 of the charter of the Lake Region
252	Lakes Management District, as reenacted and amended by chapter
253	2004-393, Laws of Florida, is amended to read:
254	Section 2.  Elections.--The governing body of the district
255	shall consist of three commissioners, who must shall be
256	qualified electors residing within the said district, and they
257	shall be known and designated as the "Board of Commissioners of
258	the Lake Region Lakes Management District." The board of
259	commissioners shall be the governing body of the district, whose
260	duty, authority, and power shall be as provided in this act.
261	Each present commissioner shall continue to hold office until
262	his or her current term expires in 1990. For the purposes of
263	qualification and running for office in 1990 and thereafter,
264	commission seats shall be designated as seat 1, seat 2, and seat
265	3. Members elected to seats 1 and 3 at the 1990 general election
266	shall hold office for a period of 4 years until the general
267	election in 1994. The member elected to seat 2 shall hold office
268	for a period of 2 years until the general election of 1992
269	whereupon the member elected for that seat in 1992 shall hold
270	office for a period of 4 years. Thereafter, all commissioners
271	shall hold office for terms of 4 years each. At the general
272	election every 4 years, a successor shall be elected by the
273	electors of the district as redefined in this act. Members shall
274	be elected in a nonpartisan fashion with no political party
275	affiliation shown on the ballot, and must receive a majority
276	vote of those electors voting in the election. Election of
277	members shall be held at the same time as the first primary
278	election as provided by law. If no candidate receives a majority
279	of the votes cast in such primary, a runoff election of the two
280	candidates receiving the greatest number of votes will be held
281	at the same time as the general election. Elected commissioners
282	shall take office on the first Tuesday following the first
283	Monday in January following their election.
284	Section 4.  Subsection (3) is added to section 3 of the
285	charter of the Lake Region Lakes Management District, as
286	reenacted and amended by chapter 2004-393, Laws of Florida, to
287	read:
288	Section 3.  General powers and authority.--
289	(3)  Notwithstanding subsection (2), the board of
290	commissioners may not construct a canal or other navigable
291	waterway, nor may it take any action to improve, maintain, or
292	repair any existing canal or other navigable waterway, when the
293	result of such action would be to create public access to lands
294	within that area of the district described in section 1(2) of
295	this charter if such access did not exist on the effective date
296	of this act.
297	Section 5.  This act shall take effect July 1, 2005.

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