HB 0857

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24	are codified, reenacted, amended, and repealed as herein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

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