HB 765

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