HB 0857

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 the Pal-Mar Water Control District,
7	Palm Beach and Martin Counties; codifying, amending,
8	reenacting, and repealing special acts relating to the
9	district; providing boundaries; providing for a board of
10	supervisors; providing membership, terms of office,
11	removal from office, and powers of the board; repealing
12	chapters 82-356 and 85-483, Laws of Florida; providing for
13	severability; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Pursuant to section 189.429(1), Florida
18	Statutes, this act constitutes the codification of all special
19	acts relating to the Pal-Mar Water Control District. It is the
20	intent of the Legislature in enacting this law to provide a
21	single, comprehensive special act charter for the district,
22	including all current legislative authority granted to the
23	district by its prior legislative enactments and any additional
24	authority granted by this act. It is further the intent of this
25	act to preserve all district powers and authority as set forth
26	herein.
27	Section 2.  Chapters 82-356 and 85-483, Laws of Florida,
28	are codified, reenacted, amended, and repealed as herein
29	provided.
30	Section 3.  The Pal-Mar Water Control District is re-
31	created and the charter for such district is re-created and
32	reenacted to read:
33	Section 1.  District created and boundaries thereof.--That
34	for the purpose of reclaiming and protecting the lands
35	hereinafter described from the effects of water by drainage or
36	otherwise, for sanitary and agricultural purposes, to be
37	conducive to the public health, convenience, and welfare of
38	public utility and benefit, and that such purposes will be
39	effected by the drainage of said lands, and for other purposes
40	stated in this act, a district is hereby created and established
41	in Palm Beach and Martin Counties, to be known as Pal-Mar Water
42	Control District, an independent special district, the
43	territorial boundaries of which are as follows:
44
45	Begin at the point of intersection of the East line of
46	Section 32, Township 40 South, Range 41 East and the
47	North right of way line of State Road 706; thence run
48	Westerly along said right of way line to the
49	intersection of said North right of way line of State
50	Road 706 with the North right of way line of State
51	Road 710 (Bee Line Highway); thence run Northwesterly
52	along said North right of way line of said State Road
53	710 to the intersection of said right of way line with
54	the West line of the East one-half (E?) of Section 23,
55	Township 40 South, Range 39 East; thence run Northerly
56	along said West line of the East one-half (E?) to the
57	Northerly line of said Section 23; thence run
58	Northerly along the West line of the East one-half
59	(E?) of Section 14, Township 40 South, Range 39 East,
60	to the Northerly line of said Section 14; thence run
61	Northerly along the West line of the East one-half
62	(E?) of Section 11, Township 40 South, Range 39 East,
63	to the Northerly line of Section 11, thence run
64	Northerly along the West line of the East one-half
65	(E?) of Section 2, Township 40 South, Range 39 East to
66	the South right of way line of State Road 76; thence
67	run Northeasterly along said South right of way line
68	of said State Road 76 to the intersection with the
69	East line of the West one-half (W?) of Section 36,
70	Township 39 South, Range 39 East; thence run Southerly
71	along said East line of the West one-half (W?) of said
72	Section 36 to the North line of Section 1, Township 40
73	South, Range 39 East; thence run South along the East
74	line of the West one-half (W?) of said Section 1,
75	Township 40 South, Range 39 East to the North line of
76	Section 12, Township 40 South, Range 39 East; thence
77	run Southerly along the East line of the West one-half
78	(W?) of said Section 12 to the North line of Section
79	13, Township 40 South, Range 39 East; thence run
80	Easterly along said North line to the Northeast corner
81	of said Section 13; thence run Southerly along the
82	East line of said Section 13 to an intersection with
83	the Old Jupiter Grade; thence meander said Old Jupiter
84	Grade Southeasterly through Section 18, Township 40
85	South, Range 40 East, to the East line of said Section
86	18; thence run Southerly along said East line to the
87	Southeast corner of said Section 18; thence run
88	Easterly along the North line of Section 20, Township
89	40 South, Range 40 East, to the Northeast corner of
90	said Section 20; thence run Easterly along the North
91	line of Section 21, Township 40 South, Range 40 East,
92	to the Northeast corner of said Section 21; thence run
93	Northerly along the West line of Section 15, Township
94	40 South, Range 40 East, to an intersection with the
95	Old Jupiter Grade; thence meander Southeasterly along
96	the Old Jupiter Grade to an intersection with the
97	South line of said Section 15; thence run Easterly
98	along said South line to the South Quarter Corner of
99	said Section 15; thence run Northerly along the West
100	line of the East one-half (E?) of said Section 15 to
101	the North line of said Section 15; thence run
102	Northerly along the West line of the East one-half
103	(E?) of Section 10, Township 40 South, Range 40 East,
104	to the North line of said Section 10; thence run
105	Easterly along said North line to the Northeast corner
106	of said Section 10; thence run Easterly along the
107	North line of Section 11, Township 40 South, Range 40
108	East, to the Northeast corner of said Section 11;
109	thence run Easterly along the North line of Section
110	12, Township 40 South, Range 40 East, to the Northeast
111	corner of said Section 12; thence run Southerly along
112	the East line of said Section 12 to the Southeast
113	corner of said Section 12; thence run Easterly along
114	the North line of Section 18, Township 40 South, Range
115	41 East, to the Northeast corner; thence run Southerly
116	along the East line of said Section 18 to the
117	Southeast corner of said Section 18; thence run
118	Easterly along the North line of Section 20, Township
119	40 South, Range 41 East, to the Northeast corner of
120	said Section 20; thence run Southerly along the East
121	line of said Section 20 to the Southeast corner of
122	said Section 20; thence run Southerly along the East
123	line of Section 29, Township 40 South, Range 41 East,
124	to the Southeast corner of said Section 29; thence run
125	Southerly along the East line of Section 32, Township
126	40 South, Range 41 East, to the Point of Beginning.
127
128	the foregoing boundaries containing and including the following
129	lands, to-wit:
130
131	All that portion of the Southeast Quarter of Section
132	35 lying South of State Road 76 and all of that
133	portion of the Southwest Quarter of Section 36, lying
134	South of State Road 76, Township 39 South, Range 39
135	East; the West Half of Section 1, Township 40 South,
136	Range 39 East; that portion of the East Half of
137	Section 2 lying South of State Road 76, Township 40
138	South, Range 39 East; the East Half of Section 11, the
139	West Half of Section 12, all of Section 13, the East
140	Half of Section 14, that portion of the East Half of
141	Section 23 lying North of State Road 710 and that
142	portion of Sections 24 and 25 lying North of State
143	Road 710, Township 40 South, Range 39 East.
144
145	That portion of Section 18 lying South of the Old
146	Jupiter Grade, less the West 150 feet of said Section
147	18; Section 19, less the West 150 feet of said Section
148	19; all of Sections 20 and 21; all of Sections 27, 28,
149	29 and 30, LESS the West 150 feet of Section 30, all
150	lying North of State Road 706 and 710; Sections 31,
151	32, 33, 34, 35 and 36, Township 40 South, Range 40
152	East, lying North of State Roads 706 and 710; and
153	Section 31, Township 40 South, Range 41 East; the East
154	one-half (E?) of Section 20 and all of Sections 29 and
155	32, Township 40 South, Range 41 East, Palm Beach
156	County; EXCEPTING therefrom rights-of-way for public
157	roads.
158
159	East Half of Section 10; all of Sections 11, 12, 13,
160	14; East half of Section 15; that part of the West
161	half of Section 15 lying South of the Old Jupiter
162	Road; Section 22, except that part of the Northwest
163	Quarter (NW?) of Section 22, lying North of the Old
164	Jupiter Road; Sections 23 and 26; all in Township 40
165	South, Range 40 East; the foregoing lands lying and
166	being in Martin County, Florida.
167
168	West 150 feet of Section 18, South of the Old Jupiter
169	Grade and West 150 feet of Sections 19 and 30, North
170	of State Road 710, Township 40 South, Range 40 East;
171	that part of the Northwest Quarter of Section 22,
172	lying North of the Old Jupiter Grade, Township 40
173	South, Range 40 East.
174
175	Sections 24 and 25, Township 40 South, Range 40 East;
176	Section 18, 19 and 30, and the West half of Section
177	20, Township 40 South, Range 41 East; EXCEPTING
178	therefrom rights-of-way for public roads.
179
180	All that part of State Road S-711 lying in Sections
181	18, 19, 30 and 31, Township 40 South, Range 41 East,
182	and also lying in Sections 24, 25 and 36, Township 40
183	South, Range 40 East.
184
185	Easement in Sections 2, 11, 14, 23, 24 and 25,
186	Township 40 South, Range 39 East.
187
188	Section 2.  Board of supervisors.--
189	(1)  The Board of Supervisors of the Pal-Mar Water Control
190	District shall have five supervisors selected as follows:
191	(a)  One supervisor shall be either a member of the Board
192	of County Commissioners of Palm Beach County or a landowner
193	within the district appointed by the Board of County
194	Commissioners of Palm Beach County.
195	(b)  One supervisor shall be either a member of the Board
196	of County Commissioners of Martin County or a landowner within
197	the district appointed by the Board of County Commissioners of
198	Martin County.
199	(c)  Three supervisors shall be selected by the landowners
200	in accordance with section 298.11, Florida Statutes.
201	(2)  The appointed supervisors of the Pal-Mar Water Control
202	District shall serve 1-year terms of office beginning the second
203	Wednesday in June of each year or until such time as a successor
204	has been selected.
205	(3)  Any supervisor appointed by the Board of County
206	Commissioners of Palm Beach County or the Board of County
207	Commissioners of Martin County may be removed by the appointing
208	board for dishonesty, incompetency, or failure to perform the
209	duties imposed on that supervisor by chapter 298, Florida
210	Statutes.
211	Section 3.  Powers of board of supervisors.--
212	(1)  The Board of Supervisors of the Pal-Mar Water Control
213	District in Palm Beach and Martin Counties is hereby authorized
214	to plan, construct, and maintain different water control systems
215	by units of development within the district, with different
216	assessment areas according to the benefits received, so as to
217	most equitably provide for assessments according to benefits,
218	based upon the plans and recommendations of the chief engineer
219	for the district.
220	(2)  The board of supervisors is hereby prohibited from
221	planning, constructing, and maintaining different water control
222	systems by units of development within the district unless the
223	owners of a majority of the acres within the unit to be
224	developed express their desire, in writing or by referendum or
225	by certified letter, to have the water control system developed.
226	Section 4.  Chapters 82-356 and 85-483, Laws of Florida,
227	are repealed.
228	Section 5.  In case any one or more of the sections or
229	provisions of this act or the application of such sections or
230	provisions to any situation, circumstances, or person shall for
231	any reason be held to be unconstitutional, such
232	unconstitutionality shall not affect any other sections or
233	provisions of this act or the application of such sections or
234	provisions to any other situation, circumstance, or person, and
235	it is intended that this act shall be construed and applied as
236	if such section or provision had not been included herein for
237	any unconstitutional application.
238	Section 6.  This act shall take effect upon becoming a law.

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