| 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. |