HB 765

1
A bill to be entitled
2An act relating to Polk County; abolishing the Peace Creek
3Drainage District; amending the charter of the Lake Region
4Lakes Management District, as reenacted and amended by
5chapter 2004-393, Laws of Florida; redefining the
6territorial boundaries of the district; clarifying
7eligibility to vote for members of the board of
8commissioners of the district; revising the authority of
9the district to perform certain works on its property;
10limiting tax assessments; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  The Peace Creek Drainage District, a district
15existing under chapter 298, Florida Statutes, is abolished on
16July 1, 2005.
17     Section 2.  Section 1 of the charter of the Lake Region
18Lakes Management District, as reenacted and amended by section 3
19of chapter 2004-393, Laws of Florida, is amended to read:
20     Section 1.  Purpose and territorial boundaries.--That for
21the purpose of acquiring, constructing, operating, maintaining,
22and protecting a system of boat canals, drainage canals; dams,
23locks, and other proper and necessary works in connection
24therewith, for the purpose of aiding in flood control, lake
25level management, and protecting, maintaining, and improving the
26water quality in the lakes and canals in conjunction with state,
27county, and city agencies, for the purpose of connecting the
28lakes within or adjacent to the boundaries hereinafter
29prescribed, and for moving waters out of such lakes, and for the
30purpose of promoting access to the lakes and the public
31convenience, utility, and welfare, the Lake Region Lakes
32Management District (the "district"), in Polk County has been
33created and established, and is hereby confirmed, as an
34independent special district.,  The territorial boundaries of
35which are as follows, to wit:
36     (1)  Beginning at the center of east line of
37section 2, or township twenty-eight (28) south, of
38range twenty-six (26) east; thence south with section
39line between section one (1) and two (2), eleven (11)
40and twelve (12), thirteen (13) and fourteen (14),
41twenty-three (23) and twenty-four (24), to the
42northeast corner of section twenty-six (26) said
43township and range; Thence east on section line to
44northeast corner of northwest quarter of section
45twenty-five (25), thence south with the half section
46line to the center of section thirteen (13), township
4729 south, range 26 east; Thence west on the half
48section line to the southwest corner of the northwest
49quarter of section line to the southwest corner of the
50northwest quarter of section sixteen (16) said
51township and range; Thence north with section line to
52the northwest corner of the southwest quarter of
53section four (4), said township and range; Thence west
54with the half section line to center of section six
55(6) said township and range; Thence north with half
56section line to the northwest corner of northeast
57quarter (NE 1/4) of section thirty-one (31), township
5828 south, range 26 east; Thence west with section line
59to southeast corner of section twenty-five (25),
60township 28 south, range 25 east; Thence north with
61the section line to the northeast corner of section
62twenty-four (24), said township and range; Thence west
63to center of north line of section twenty-four (24);
64thence north with half section line to center of
65section one (1), township 28, range 25; Thence east
66with the half section line to the northeast corner of
67southeast quarter (SE 1/4) of section two (2),
68township 28 south, range 26 east, the point of
69beginning; embracing within said district the
70following lands, viz; The south half of sections two,
71three, four, five and six and all of sections seven,
72eight, nine, ten, eleven, fourteen, fifteen, sixteen,
73seventeen, eighteen, nineteen, twenty, twenty-one,
74twenty-two, twenty-three, twenty-six, twenty-seven,
75twenty-eight, twenty-nine, thirty, thirty-two, thirty-
76three, thirty-four, and thirty-five and the west half
77of sections twenty-five and thirty-six and the east
78half of section thirty-one in township 28 south, range
7926 east and all of sections two, three, four, nine,
80ten and eleven, and the west half of sections one and
81twelve and the north half of sections five, fourteen,
82fifteen and sixteen and the northeast quarter of
83section six and the northwest quarter of section
84thirteen in township 29 south, range 26 east, and the
85east half of sections twelve and thirteen, and the
86southeast quarter of section one in township 28 south,
87range 25 east.
88And:
89Beginning at the Northwest corner of Section 2,
90Township 28 South, Range 26 East, Polk County,
91Florida;
92Run thence Easterly, along the north line thereof, to
93the Northeast corner of the West one-half of the
94Northeast quarter of said Section 2;
95Thence Southerly, along said east line of the west
96one-half of the Northeast quarter of said Section 2,
97to the Southeast corner thereof;
98Thence Westerly, along the south line of the west one-
99half of the Northeast quarter and the south line of
100the Northwest quarter of said Section 2, to the
101Southeast corner of the north one-half of Section 3,
102Township 28 South, Range 26 East;
103Thence continue Westerly, along the south line of the
104North one-half of said Section 3, to the southeast
105corner of the north one-half of Section 4, Township 28
106South, Range 26 East;
107Thence continue Westerly, along the south line of the
108north one-half of said Section 4, to the southeast
109corner of the north one-half of Section 5, Township 28
110South, Range 26 East;
111Thence continue Westerly, along the south line of the
112north one-half of said Section 5, to the southeast
113corner of the north one-half of Section 6, Township 28
114South, Range 26 East;
115Thence continue Westerly, along the south line of the
116north one-half of said Section 6, to the southeast
117corner of the Northeast quarter of Section 1, Township
11828 South, Range 25 East;
119Thence continue Westerly, along the south line of the
120Northeast quarter and the south line of the Northwest
121quarter of said Section 1, to the southwest corner of
122the East one-half of the Northwest quarter of said
123Section 1;
124Thence Northerly, along the west line of the East one-
125half of the Northwest quarter of said Section 1, to
126the northwest corner thereof;
127Thence Easterly, along the north line of the East one-
128half of the Northwest quarter of said Section 1, to
129the southwest corner of the South one-half of the
130Southeast quarter of Section 36, Township 27 South,
131Range 25 East;
132Thence Northerly, along the west line of the South
133one-half of the Southeast quarter of said Section 36,
134to the northwest corner thereof;
135Thence Easterly, along the north line of the South
136one-half of the Southeast quarter of said Section 36,
137to the northeast corner thereof, also being a point on
138the westerly line of Section 31, Township 27 South,
139Range 26 East;
140Thence Northerly, along the west line of said Section
14131, to the southwest corner of Section 30, Township 27
142South, Range 26 East;
143Thence continue Northerly, along the west line of said
144Section 30, to the southwest corner of Section 19,
145Township 27 South, Range 26 East;
146Thence continue Northerly, along the west line of said
147Section 19, to the northwest corner thereof;
148Thence Easterly, along the north line of said Section
14919, to the northwest corner of Section 20, Township 27
150South, Range 26 East;
151Thence continue Easterly, along the north line of said
152Section 20, to the southwest corner of the Southeast
153quarter of the Southeast quarter of Section 17,
154Township 27 South, Range 26 East;
155Thence Northerly, along the west line of the Southeast
156quarter of the Southeast quarter of said Section 17,
157to the northwest corner thereof;
158Thence Easterly, along the north line of the Southeast
159quarter of the Southeast quarter of said Section 17,
160to the northeast corner thereof;
161Thence Southerly, along the east line of the Southeast
162quarter of the Southeast quarter of said Section 17,
163to the Northwest corner of Section 21, Township 27
164South, Range 26 East;
165Thence Easterly, along the north line of said Section
16621, to the northeast corner thereof;
167Thence Southerly, along the east line of said Section
16821, to the northwest corner of the Southwest quarter
169of Section 22, Township 27 South, Range 26 East;
170Thence Easterly, along the north line of the Southwest
171quarter of said Section 22, to the northeast corner
172thereof;
173Thence Southerly, along the east line of the Southwest
174quarter of said Section 22, to the southeast corner
175thereof, also being a point on the north line of
176Section 27, Township 27 South, Range 26 East;
177Thence Easterly, along the north line of said Section
17827, to the northeast corner thereof;
179Thence Southerly, along the east line of said Section
18027, to the northeast corner of Section 34, Township 27
181South, Range 26 East;
182Thence continue Southerly, along the east line of said
183Section 34, to the southeast corner thereof and the
184Point of Beginning.
185     (2)  Begin at the southwest corner of Section 24,
186Township 28 South, Range 26 East;
187Thence east along the south line of Section 24 to the
188Southwest corner of Section 19, Township 28 South,
189Range 27 East;
190Thence east along the south line of Sections 19 and
19120, said Township and Range, to the intersection with
192the centerline of U.S. Highway 27 (State Road 25);
193Thence northerly along said centerline through
194Sections 20 and 17, said Township and Range, to the
195intersection with the south line of Section 8, said
196Township and Range;
197Thence east along said south line to the southwest
198corner of Section 9, said Township and Range;
199Thence north along the west line of said Section 9 to
200the Southwest corner of the west half of the northwest
201quarter of said Section 9;
202Thence east to the southeast corner of said west half;
203Thence north along the east line of said west half and
204along the east line of the west one quarter of Section
2054, said Township and Range to the north line of said
206Section 4;
207Thence west along the north line of said Section 4 and
208Sections 5 and 6, said Township and Range, to the
209intersection with the centerline of said U.S. Highway
21027;
211Thence northerly along said centerline through
212Sections 31 and 30, Township 27 South, Range 27 East
213to the intersection with the centerline of U.S.
214Highway 92;
215Thence westerly along said centerline through said
216Section 30 and through Sections 25 and 26, Township 27
217South, Range 26 East to the intersection with the west
218line of said Section 26;
219Thence south along the west line of said Section 26
220and Section 35, said Township and Range, to the
221southwest corner of said Section 35 and a point on the
222north line of Section 2, Township 28 South, Range 26
223East;
224Thence east along the north line of said Section 2 to
225the Northwest corner of the east half of the northeast
226quarter of said Section 2;
227Thence south to the southwest corner of said east
228half;
229Thence east to the southeast corner of the northeast
230quarter of said Section 2;
231Thence south along the east lines of said Section 2
232and Sections 11, 14 and 23, said Township and Range to
233the Point of Beginning.
234All of the above lands lying in Polk County, Florida.
235     Section 3.  Section 2 of the charter of the Lake Region
236Lakes Management District, as reenacted and amended by section 3
237of chapter 2004-393, Laws of Florida, is amended to read:
238     Section 2.  Elections.--The governing body of the district
239shall consist of three commissioners who must shall be qualified
240electors residing within the said district, and they shall be
241known and designated as the "Board of Commissioners of the Lake
242Region Lakes Management District." The board of commissioners
243shall be the governing body of the district, whose duty,
244authority, and power shall be as provided in this act. Each
245present commissioner shall continue to hold office until his or
246her current term expires in 1990. For the purposes of
247qualification and running for office in 1990 and thereafter,
248commission seats shall be designated as seat 1, seat 2, and seat
2493. Members elected to seats 1 and 3 at the 1990 general election
250shall hold office for a period of 4 years until the general
251election in 1994. The member elected to seat 2 shall hold office
252for a period of 2 years until the general election of 1992
253whereupon the member elected for that seat in 1992 shall hold
254office for a period of 4 years. Thereafter, all commissioners
255shall hold office for terms of 4 years each. At the general
256election every 4 years, a successor shall be elected by the
257electors of the district as redefined in this act. Members shall
258be elected in a nonpartisan fashion with no political party
259affiliation shown on the ballot, and must receive a majority
260vote of those electors voting in the election. Election of
261members shall be held at the same time as the first primary
262election as provided by law. If no candidate receives a majority
263of the votes cast in such primary, a runoff election of the two
264candidates receiving the greatest number of votes will be held
265at the same time as the general election. Elected commissioners
266shall take office on the first Tuesday following the first
267Monday in January following their election.
268     Section 4.  Paragraph (d) of subsection (1) of section 3 of
269the charter of the Lake Region Lakes Management District, as
270reenacted and amended by section 3 of chapter 2004-393, Laws of
271Florida, is amended to read:
272     Section 3.  General powers and authority.--
273     (1)  The board of commissioners is authorized and
274empowered:
275     (d)  To beautify and maintain the rights-of-way, canal
276banks and berms, lakes, public lake shores, and other property
277of the district as may enhance the appearance thereof and be
278beneficial to the property of the district. To the extent this
279work takes place on property owned by private entities or other
280public agencies, the prior permissions of such entities or
281agencies shall be required.
282     Section 5.  Subsection (5) is added to section 8 of the
283charter of the Lake Region Lakes Management District, as
284reenacted and amended by section 3 of chapter 2004-393, Laws of
285Florida, to read:
286     Section 8.  Taxes.--
287     (5)  Taxes for those residents located within newly created
288boundaries shall not be levied until January 1, 2007.
289     Section 6.  This act shall take effect July 1, 2005.


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