HB 0765

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Polk County; abolishing the Peace Creek
7	Drainage District and transferring its powers, duties,
8	functions, assets, and liabilities to the Lake Region
9	Lakes Management District; amending the charter of the
10	Lake Region Lakes Management District, as reenacted and
11	amended by chapter 2004-393, Laws of Florida,; redefining
12	the territorial boundaries of the district; clarifying
13	eligibility to vote for members of the board of
14	commissioners of the district; revising the authority of
15	the district to perform certain works on the Peace Creek
16	Canal; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  The Peace Creek Drainage District, a district
21	existing under chapter 298, Florida Statutes, is abolished on
22	July 1, 2005. Beginning on that date, the Board of Commissioners
23	of the Lake Region Lakes Management District shall assume all
24	powers, authority, control, ownership, and duties formerly
25	exercised by the Board of Supervisors of the Peace Creek
26	Drainage District, and the Lake Region Lakes Management District
27	shall succeed to all assets and liabilities of the Peace Creek
28	Drainage District.
29	Section 2.  Section 1 of the charter of the Lake Region
30	Lakes Management District, as reenacted and amended by section 3
31	of chapter 2004-393, Laws of Florida, is amended to read:
32	Section 1.  Purpose and territorial boundaries.--That for
33	the purpose of acquiring, constructing, operating, maintaining,
34	and protecting a system of boat canals, drainage canals; dams,
35	locks, and other proper and necessary works in connection
36	therewith, for the purpose of aiding in flood control, lake
37	level management, and protecting, maintaining, and improving the
38	water quality in the lakes and canals in conjunction with state,
39	county, and city agencies, for the purpose of connecting the
40	lakes within or adjacent to the boundaries hereinafter
41	prescribed, and for moving waters out of such lakes, and for the
42	purpose of promoting access to the lakes and the public
43	convenience, utility, and welfare, the Lake Region Lakes
44	Management District (the "district"), in Polk County has been
45	created and established, and is hereby confirmed, as an
46	independent special district.,  The territorial boundaries of
47	which are as follows, to wit:
48	(1)  Beginning at the center of east line of
49	section 2, or township twenty-eight (28) south, of
50	range twenty-six (26) east; thence south with section
51	line between section one (1) and two (2), eleven (11)
52	and twelve (12), thirteen (13) and fourteen (14),
53	twenty-three (23) and twenty-four (24), to the
54	northeast corner of section twenty-six (26) said
55	township and range; Thence east on section line to
56	northeast corner of northwest quarter of section
57	twenty-five (25), thence south with the half section
58	line to the center of section thirteen (13), township
59	29 south, range 26 east; Thence west on the half
60	section line to the southwest corner of the northwest
61	quarter of section line to the southwest corner of the
62	northwest quarter of section sixteen (16) said
63	township and range; Thence north with section line to
64	the northwest corner of the southwest quarter of
65	section four (4), said township and range; Thence west
66	with the half section line to center of section six
67	(6) said township and range; Thence north with half
68	section line to the northwest corner of northeast
69	quarter (NE 1/4) of section thirty-one (31), township
70	28 south, range 26 east; Thence west with section line
71	to southeast corner of section twenty-five (25),
72	township 28 south, range 25 east; Thence north with
73	the section line to the northeast corner of section
74	twenty-four (24), said township and range; Thence west
75	to center of north line of section twenty-four (24);
76	thence north with half section line to center of
77	section one (1), township 28, range 25; Thence east
78	with the half section line to the northeast corner of
79	southeast quarter (SE 1/4) of section two (2),
80	township 28 south, range 26 east, the point of
81	beginning; embracing within said district the
82	following lands, viz; The south half of sections two,
83	three, four, five and six and all of sections seven,
84	eight, nine, ten, eleven, fourteen, fifteen, sixteen,
85	seventeen, eighteen, nineteen, twenty, twenty-one,
86	twenty-two, twenty-three, twenty-six, twenty-seven,
87	twenty-eight, twenty-nine, thirty, thirty-two, thirty-
88	three, thirty-four, and thirty-five and the west half
89	of sections twenty-five and thirty-six and the east
90	half of section thirty-one in township 28 south, range
91	26 east and all of sections two, three, four, nine,
92	ten and eleven, and the west half of sections one and
93	twelve and the north half of sections five, fourteen,
94	fifteen and sixteen and the northeast quarter of
95	section six and the northwest quarter of section
96	thirteen in township 29 south, range 26 east, and the
97	east half of sections twelve and thirteen, and the
98	southeast quarter of section one in township 28 south,
99	range 25 east.
100	And:
101	Beginning at the Northwest corner of Section 2,
102	Township 28 South, Range 26 East, Polk County,
103	Florida;
104	Run thence Easterly, along the north line thereof, to
105	the Northeast corner of the West one-half of the
106	Northeast quarter of said Section 2;
107	Thence Southerly, along said east line of the west
108	one-half of the Northeast quarter of said Section 2,
109	to the Southeast corner thereof;
110	Thence Westerly, along the south line of the west one-
111	half of the Northeast quarter and the south line of
112	the Northwest quarter of said Section 2, to the
113	Southeast corner of the north one-half of Section 3,
114	Township 28 South, Range 26 East;
115	Thence continue Westerly, along the south line of the
116	North one-half of said Section 3, to the southeast
117	corner of the north one-half of Section 4, Township 28
118	South, Range 26 East;
119	Thence continue Westerly, along the south line of the
120	north one-half of said Section 4, to the southeast
121	corner of the north one-half of Section 5, Township 28
122	South, Range 26 East;
123	Thence continue Westerly, along the south line of the
124	north one-half of said Section 5, to the southeast
125	corner of the north one-half of Section 6, Township 28
126	South, Range 26 East;
127	Thence continue Westerly, along the south line of the
128	north one-half of said Section 6, to the southeast
129	corner of the Northeast quarter of Section 1, Township
130	28 South, Range 25 East;
131	Thence continue Westerly, along the south line of the
132	Northeast quarter and the south line of the Northwest
133	quarter of said Section 1, to the southwest corner of
134	the East one-half of the Northwest quarter of said
135	Section 1;
136	Thence Northerly, along the west line of the East one-
137	half of the Northwest quarter of said Section 1, to
138	the northwest corner thereof;
139	Thence Easterly, along the north line of the East one-
140	half of the Northwest quarter of said Section 1, to
141	the southwest corner of the South one-half of the
142	Southeast quarter of Section 36, Township 27 South,
143	Range 25 East;
144	Thence Northerly, along the west line of the South
145	one-half of the Southeast quarter of said Section 36,
146	to the northwest corner thereof;
147	Thence Easterly, along the north line of the South
148	one-half of the Southeast quarter of said Section 36,
149	to the northeast corner thereof, also being a point on
150	the westerly line of Section 31, Township 27 South,
151	Range 26 East;
152	Thence Northerly, along the west line of said Section
153	31, to the southwest corner of Section 30, Township 27
154	South, Range 26 East;
155	Thence continue Northerly, along the west line of said
156	Section 30, to the southwest corner of Section 19,
157	Township 27 South, Range 26 East;
158	Thence continue Northerly, along the west line of said
159	Section 19, to the northwest corner thereof;
160	Thence Easterly, along the north line of said Section
161	19, to the northwest corner of Section 20, Township 27
162	South, Range 26 East;
163	Thence continue Easterly, along the north line of said
164	Section 20, to the southwest corner of the Southeast
165	quarter of the Southeast quarter of Section 17,
166	Township 27 South, Range 26 East;
167	Thence Northerly, along the west line of the Southeast
168	quarter of the Southeast quarter of said Section 17,
169	to the northwest corner thereof;
170	Thence Easterly, along the north line of the Southeast
171	quarter of the Southeast quarter of said Section 17,
172	to the northeast corner thereof;
173	Thence Southerly, along the east line of the Southeast
174	quarter of the Southeast quarter of said Section 17,
175	to the Northwest corner of Section 21, Township 27
176	South, Range 26 East;
177	Thence Easterly, along the north line of said Section
178	21, to the northeast corner thereof;
179	Thence Southerly, along the east line of said Section
180	21, to the northwest corner of the Southwest quarter
181	of Section 22, Township 27 South, Range 26 East;
182	Thence Easterly, along the north line of the Southwest
183	quarter of said Section 22, to the northeast corner
184	thereof;
185	Thence Southerly, along the east line of the Southwest
186	quarter of said Section 22, to the southeast corner
187	thereof, also being a point on the north line of
188	Section 27, Township 27 South, Range 26 East;
189	Thence Easterly, along the north line of said Section
190	27, to the northeast corner thereof;
191	Thence Southerly, along the east line of said Section
192	27, to the northeast corner of Section 34, Township 27
193	South, Range 26 East;
194	Thence continue Southerly, along the east line of said
195	Section 34, to the southeast corner thereof and the
196	Point of Beginning.
197	(2)  That part of Sections 25 and 26 lying south
198	of U.S. Hwy. 17-92, and Sections 35 and 36, all in
199	Township 27 South, Range 26 East;
200	and
201	That part of Section 30 lying south of U.S. Hwy. 17-
202	92, and Section 31, all in Township 27 South, Range 27
203	East;
204	and
205	Section 1, and the East one-half of the Northeast
206	quarter of Section 2, and Sections 12, 13, and 24, and
207	the East one-half of Section 25, and the West one-half
208	of Section 25 lying north of C.R. 542, and the East
209	one-half of Section 36, all in Township 28 South,
210	Range 26 East;
211	and
212	The West quarter of Section 4, and the West one-half
213	of the Northwest quarter of Section 9, and the West
214	one-half of Section 21, and Section 28 lying west of
215	Alternate U.S. Hwy. 27 and lying north of C.R. 542,
216	and Section 33, less the Northeast quarter, and the
217	South one-half of Section 34, and all of Sections 5,
218	6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, all in
219	Township 28 South, Range 27 East;
220	and
221	The East one-half of Section 1, and the East one-half
222	of Section 12, and Section 13 less the Northwest
223	quarter, and the South one-half of Section 14, and the
224	South one-half of Section 15, and the South one-half
225	of Section 28, and the South one-half of Section 29,
226	and the South one-half of Section 30, and all of
227	Sections 22, 23, 24, 25, 26, 27, 31, 32, 33, 34, 35,
228	and 36, all in Township 29 South, Range 26 East;
229	and
230	All of Sections 3, 4, 5, 6, 7, and 8, and the West
231	three-quarters of Section 9, and all of Sections 16,
232	17, 18, 19, 20, and 21, and Section 27 lying west of
233	U.S. Hwy. 27, and all of Sections 28, 29, 30, 31, 32,
234	and 33, and Section 34 lying west of U.S. Hwy. 27, all
235	in Township 29 South, Range 27 East;
236	and
237	The South one-half of Section 25, and the South one-
238	half of Section 26, and all of Sections 35 and 36, all
239	in Township 29 South, Range 25 East;
240	and
241	All of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13,
242	14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28,
243	29, 34, and 35, all in Township 30 South, Range 26
244	East;
245	and
246	That part of Section 3 lying west of U.S. Hwy. 27, and
247	all of Sections 4, 5, 6, 7, 8, and 9, and that part of
248	Section 10 lying west of U.S. Hwy. 27, and that part
249	of Section 14 lying west of U.S. Hwy. 27, and all of
250	Sections 15, 16, 17, 18, 19, 20, 21, and 22, and that
251	part of Section 23 lying west of U.S. Hwy. 27, and
252	that part of Section 26 lying west of U.S. Hwy. 27,
253	and all of Sections 27, 28, 29, and 30, all in
254	Township 30 South, Range 27 East.
255	All of the above lands lying in Polk County, Florida.
256	Section 3.  Section 2 of the charter of the Lake Region
257	Lakes Management District, as reenacted and amended by section 3
258	of chapter 2004-393, Laws of Florida, is amended to read:
259	Section 2.  Elections.--The governing body of the district
260	shall consist of three commissioners who must shall be qualified
261	electors residing within the said district, and they shall be
262	known and designated as the "Board of Commissioners of the Lake
263	Region Lakes Management District." The board of commissioners
264	shall be the governing body of the district, whose duty,
265	authority, and power shall be as provided in this act. Each
266	present commissioner shall continue to hold office until his or
267	her current term expires in 1990. For the purposes of
268	qualification and running for office in 1990 and thereafter,
269	commission seats shall be designated as seat 1, seat 2, and seat
270	3. Members elected to seats 1 and 3 at the 1990 general election
271	shall hold office for a period of 4 years until the general
272	election in 1994. The member elected to seat 2 shall hold office
273	for a period of 2 years until the general election of 1992
274	whereupon the member elected for that seat in 1992 shall hold
275	office for a period of 4 years. Thereafter, all commissioners
276	shall hold office for terms of 4 years each. At the general
277	election every 4 years, a successor shall be elected by the
278	electors of the district as redefined in this act. Members shall
279	be elected in a nonpartisan fashion with no political party
280	affiliation shown on the ballot, and must receive a majority
281	vote of those electors voting in the election. Election of
282	members shall be held at the same time as the first primary
283	election as provided by law. If no candidate receives a majority
284	of the votes cast in such primary, a runoff election of the two
285	candidates receiving the greatest number of votes will be held
286	at the same time as the general election. Elected commissioners
287	shall take office on the first Tuesday following the first
288	Monday in January following their election.
289	Section 4.  Paragraphs (d) and (e) of subsection (1) of
290	section 3 of the charter of the Lake Region Lakes Management
291	District, as reenacted and amended by section 3 of chapter 2004-
292	393, Laws of Florida, are amended to read:
293	Section 3.  General powers and authority.--
294	(1)  The board of commissioners is authorized and
295	empowered:
296	(d)  To beautify and maintain the rights-of-way, canal
297	banks and berms, lakes, public lake shores, and other property
298	of the district as may enhance the appearance thereof and be
299	beneficial to the property of the district. To the extent this
300	work takes place on property owned by private entities or other
301	public agencies, the prior permissions of such entities or
302	agencies shall be required.
303	(e)  To construct and maintain boat ramps, boat landings,
304	and launching basins and bases and any and all other works
305	necessary or proper for the purpose of maintaining or providing
306	access to the canals and lakes and any and all other property
307	and facilities of the district. However, the district shall not
308	construct any facilities that provide access to the Peace Creek
309	Canal other than those deemed necessary by the district for the
310	purpose of repairing, improving, operating, or maintaining said
311	canal.
312	Section 5.  This act shall take effect July 1, 2005.

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