HB 0899CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Ranger Drainage District, Orange
7County; amending chapter 99-453, Laws of Florida;
8providing additional authority for limited fire control
9and prevention; providing for maintenance of passive
10recreation areas and facilities, environmental mitigation,
11security services, signage, and maintenance of common
12areas; increasing the membership of the governing board;
13providing for staggered terms of members; providing for a
14referendum; providing a ballot statement; providing an
15effective date.
16
17     WHEREAS, the Ranger Drainage District is the primary local
18public agency that provides for maintenance of infrastructure,
19including drainage, flood protection facilities, and
20environmental features within the district, and
21     WHEREAS, residential development within the district is
22occurring at an extremely rapid rate and requires increased
23maintenance to public infrastructure such as common areas,
24passive recreational areas, and district rights of way, and
25     WHEREAS, there is a need for better security and fire
26protection to ensure safety of persons and property within the
27district, and
28     WHEREAS, all neighborhood associations within the district
29have urged the Legislature to grant the district additional
30authority to maintain and restore public infrastructure, and
31     WHEREAS, it is the intent of the Legislature to provide the
32district with the powers necessary to maintain public
33infrastructure and protect public and private property within
34the district, NOW, THEREFORE,
35
36Be it Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsection (4) is added to section 5 of chapter
3999-453, Laws of Florida, to read:
40     Section 5.  Additional district powers.--
41     (4)  The Ranger Drainage District shall have the following
42additional powers and authorities:
43     (a)  To construct and maintain firebreaks and related
44facilities for fire prevention and control within district
45easements, rights-of-way, and property in cooperation with the
46Department of Agriculture and Consumer Services, the Division of
47Forestry, or other fire prevention agencies.
48     (b)  To own, acquire, construct, operate, and maintain
49passive recreation areas and facilities within the district,
50including, but not limited to, parks, walking or hiking trails,
51and related facilities.
52     (c)  To acquire property for construction of projects
53within and adjacent to the district for environmental
54protection, restoration, or mitigation purposes. The district is
55also authorized to cooperate with public agencies and landowners
56in such projects.
57     (d)  To provide security services within the district for
58the purpose of protecting district property and facilities.
59     (e)  To construct and maintain signage and facilities
60identifying district ingress and egress locations.
61     (f)  To maintain all district common areas, including, but
62not limited to, easements, road shoulders, and medians.
63     Section 2.  Subsection (5) of section 7 of chapter 99-453,
64Laws of Florida, is amended to read:
65     Section 7.  Minimum charter requirements.--In accordance
66with s. 189.404(3), Florida Statutes, the following subsections
67shall constitute the charter of the Ranger Drainage District:
68     (5)  In accordance with chapter 189, Florida Statutes, this
69act, and s. 298.11, Florida Statutes, the district is governed
70by a five-member three-member board, elected on a one-acre, one-
71vote basis by the landowners in the district; however,
72landowners owning less than one acre shall be entitled to one
73vote. Landowners with more than one acre shall be entitled to
74one additional vote for any fraction of an acre greater than ?
75acre owned, when all of the landowner's acreage has been
76aggregated for purposes of voting. The current board position
77which term expires in 2005 shall be denominated seat 1 and shall
78be elected for a term of 3 years or until a successor is
79elected. The current board position which term expires in 2006
80shall be denominated seat 2 and shall be elected for a term of 3
81years or until a successor is elected. The current board
82position which term expires in 2007 shall be denominated seat 3
83and shall be elected for a term of 3 years or until a successor
84is elected. The newly created seats to be elected in 2005 shall
85be denominated seat 4 and seat 5. Seat 4 shall be elected for a
86term of 3 years. Seat 5 shall be elected for a term of 2 years.
87After the election in 2005, all terms of board members shall be
883 years or until a successor is elected. The membership and
89organization of the board shall be as set forth in this act and
90chapter 298, Florida Statutes, as they may be amended from time
91to time, provided, however, that the annual landowners' meeting
92held for the purpose of electing board members and other
93purposes shall be held in September at a time and place to be
94determined by the board.
95     Section 3.  Referendum.--On or before September 15, 2005,
96the Supervisor of Elections of Orange County shall conduct a
97referendum on the question of expanding the governing board of
98the Ranger Drainage District from three to five members and
99granting the district certain additional powers. The referendum
100question shall be posed as follows:
101
102Shall the Ranger Drainage District Board of Supervisors be
103expanded from three to five members and granted the authority to
104provide services and facilities within the district for limited
105fire protection, passive recreation, environmental protection,
106security, ingress/egress signage, and maintenance of district
107common property?
108
109___________________Yes
110____________________No
111
112     Section 4.  This act shall take effect only upon its
113approval by a majority vote of those qualified electors of the
114district voting in the referendum specified by section 3 of this
115act in accordance with the provisions of law relating to
116elections currently in force, except that this section and
117section 3 shall take effect upon becoming law.


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