1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the Ranger Drainage District, Orange |
7 | County; amending chapter 99-453, Laws of Florida; |
8 | providing additional authority for limited fire control |
9 | and prevention; providing for maintenance of passive |
10 | recreation areas and facilities, environmental mitigation, |
11 | security services, signage, and maintenance of common |
12 | areas; increasing the membership of the governing board; |
13 | providing for staggered terms of members; providing for a |
14 | referendum; providing a ballot statement; providing an |
15 | effective date. |
16 |
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17 | WHEREAS, the Ranger Drainage District is the primary local |
18 | public agency that provides for maintenance of infrastructure, |
19 | including drainage, flood protection facilities, and |
20 | environmental features within the district, and |
21 | WHEREAS, residential development within the district is |
22 | occurring at an extremely rapid rate and requires increased |
23 | maintenance to public infrastructure such as common areas, |
24 | passive recreational areas, and district rights of way, and |
25 | WHEREAS, there is a need for better security and fire |
26 | protection to ensure safety of persons and property within the |
27 | district, and |
28 | WHEREAS, all neighborhood associations within the district |
29 | have urged the Legislature to grant the district additional |
30 | authority to maintain and restore public infrastructure, and |
31 | WHEREAS, it is the intent of the Legislature to provide the |
32 | district with the powers necessary to maintain public |
33 | infrastructure and protect public and private property within |
34 | the district, NOW, THEREFORE, |
35 |
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36 | Be it Enacted by the Legislature of the State of Florida: |
37 |
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38 | Section 1. Subsection (4) is added to section 5 of chapter |
39 | 99-453, Laws of Florida, to read: |
40 | Section 5. Additional district powers.-- |
41 | (4) The Ranger Drainage District shall have the following |
42 | additional powers and authorities: |
43 | (a) To construct and maintain firebreaks and related |
44 | facilities for fire prevention and control within district |
45 | easements, rights-of-way, and property in cooperation with the |
46 | Department of Agriculture and Consumer Services, the Division of |
47 | Forestry, or other fire prevention agencies. |
48 | (b) To own, acquire, construct, operate, and maintain |
49 | passive recreation areas and facilities within the district, |
50 | including, but not limited to, parks, walking or hiking trails, |
51 | and related facilities. |
52 | (c) To acquire property for construction of projects |
53 | within and adjacent to the district for environmental |
54 | protection, restoration, or mitigation purposes. The district is |
55 | also authorized to cooperate with public agencies and landowners |
56 | in such projects. |
57 | (d) To provide security services within the district for |
58 | the purpose of protecting district property and facilities. |
59 | (e) To construct and maintain signage and facilities |
60 | identifying district ingress and egress locations. |
61 | (f) To maintain all district common areas, including, but |
62 | not limited to, easements, road shoulders, and medians. |
63 | Section 2. Subsection (5) of section 7 of chapter 99-453, |
64 | Laws of Florida, is amended to read: |
65 | Section 7. Minimum charter requirements.--In accordance |
66 | with s. 189.404(3), Florida Statutes, the following subsections |
67 | shall constitute the charter of the Ranger Drainage District: |
68 | (5) In accordance with chapter 189, Florida Statutes, this |
69 | act, and s. 298.11, Florida Statutes, the district is governed |
70 | by a five-member three-member board, elected on a one-acre, one- |
71 | vote basis by the landowners in the district; however, |
72 | landowners owning less than one acre shall be entitled to one |
73 | vote. Landowners with more than one acre shall be entitled to |
74 | one additional vote for any fraction of an acre greater than ? |
75 | acre owned, when all of the landowner's acreage has been |
76 | aggregated for purposes of voting. The current board position |
77 | which term expires in 2005 shall be denominated seat 1 and shall |
78 | be elected for a term of 3 years or until a successor is |
79 | elected. The current board position which term expires in 2006 |
80 | shall be denominated seat 2 and shall be elected for a term of 3 |
81 | years or until a successor is elected. The current board |
82 | position which term expires in 2007 shall be denominated seat 3 |
83 | and shall be elected for a term of 3 years or until a successor |
84 | is elected. The newly created seats to be elected in 2005 shall |
85 | be denominated seat 4 and seat 5. Seat 4 shall be elected for a |
86 | term of 3 years. Seat 5 shall be elected for a term of 2 years. |
87 | After the election in 2005, all terms of board members shall be |
88 | 3 years or until a successor is elected. The membership and |
89 | organization of the board shall be as set forth in this act and |
90 | chapter 298, Florida Statutes, as they may be amended from time |
91 | to time, provided, however, that the annual landowners' meeting |
92 | held for the purpose of electing board members and other |
93 | purposes shall be held in September at a time and place to be |
94 | determined by the board. |
95 | Section 3. Referendum.--On or before September 15, 2005, |
96 | the Supervisor of Elections of Orange County shall conduct a |
97 | referendum on the question of expanding the governing board of |
98 | the Ranger Drainage District from three to five members and |
99 | granting the district certain additional powers. The referendum |
100 | question shall be posed as follows: |
101 |
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102 | Shall the Ranger Drainage District Board of Supervisors be |
103 | expanded from three to five members and granted the authority to |
104 | provide services and facilities within the district for limited |
105 | fire protection, passive recreation, environmental protection, |
106 | security, ingress/egress signage, and maintenance of district |
107 | common property? |
108 |
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109 | ___________________Yes |
110 | ____________________No |
111 |
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112 | Section 4. This act shall take effect only upon its |
113 | approval by a majority vote of those qualified electors of the |
114 | district voting in the referendum specified by section 3 of this |
115 | act in accordance with the provisions of law relating to |
116 | elections currently in force, except that this section and |
117 | section 3 shall take effect upon becoming law. |