Senate Bill sb2764

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    Florida Senate - 2006        (NP)                      SB 2764

    By Senator Alexander





    17-1511-06                                         See HB 1479

  1                      A bill to be entitled

  2         An act relating to Polk County; abolishing the

  3         Peace Creek Drainage District and transferring

  4         its powers, duties, functions, property,

  5         revenues, and indebtedness to the Southwest

  6         Florida Water Management District; amending the

  7         charter of the Lake Region Lakes Management

  8         District, as reenacted and amended by chapter

  9         2004-393, Laws of Florida; redefining the

10         territorial boundaries of the district;

11         providing for a referendum; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  The Peace Creek Drainage District, a

17  district created under chapter 298, Florida Statutes, is

18  abolished, and all services being provided by the Peace Creek

19  Drainage District shall be assumed by, and all revenue,

20  property, and indebtedness of the Peace Creek Drainage

21  District shall be transferred to, the Southwest Florida Water

22  Management District on July 1, 2006.

23         Section 2.  Section 1 of the charter of the Lake Region

24  Lakes Management District, Polk County, as reenacted and

25  amended by section 3 of chapter 2004-393, Laws of Florida, is

26  amended to read:

27         Section 1.  Purpose and territorial boundaries.--That

28  for the purpose of acquiring, constructing, operating,

29  maintaining, and protecting a system of boat canals, drainage

30  canals; dams, locks, and other proper and necessary works in

31  connection therewith, for the purpose of aiding in flood

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1  control, lake level management, and protecting, maintaining,

 2  and improving the water quality in the lakes and canals in

 3  conjunction with state, county, and city agencies, for the

 4  purpose of connecting the lakes within or adjacent to the

 5  boundaries hereinafter prescribed, and for moving waters out

 6  of such lakes, and for the purpose of promoting access to the

 7  lakes and the public convenience, utility, and welfare, the

 8  Lake Region Lakes Management District (the "district"), in

 9  Polk County has been created and established, and is hereby

10  confirmed, as an independent special district, the territorial

11  boundaries of which are as follows, to wit:

12  

13         (1)  Beginning at the center of east line of

14         section 2, of or township twenty-eight (28)

15         south, of range twenty-six (26) east; thence

16         south with section line between section one (1)

17         and two (2), eleven (11) and twelve (12),

18         thirteen (13) and fourteen (14), twenty-three

19         (23) and twenty-four (24), to the northeast

20         corner of section twenty-six (26) said township

21         and range; Thence east on section line to

22         northeast corner of northwest quarter of

23         section 30, township 28 south, range 27 east;

24         Thence south with section line to the southeast

25         corner of the north quarter of section 31,

26         township 28 south, range 27 east; Thence west

27         along said quarter section line and its

28         extension to an intersection with the half

29         section line of section 36, township 28 south,

30         range 26 east; twenty-five (25), thence south

31         with the half section line to the center of

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         section thirteen (13), township 29 south, range

 2         26 east; Thence west on the half section line

 3         to the southwest corner of the northwest

 4         quarter of section line to the southwest corner

 5         of the northwest quarter of section sixteen

 6         (16) said township and range; Thence north with

 7         section line to the northwest corner of the

 8         southwest quarter of section four (4), said

 9         township and range; Thence west with the half

10         section line to center of section six (6) said

11         township and range; Thence north with half

12         section line to the northwest corner of

13         northeast quarter (NE 1/4) of section

14         thirty-one (31), township 28 south, range 26

15         east; Thence west with section line to

16         southeast corner of section twenty-five (25),

17         township 28 south, range 25 east; Thence north

18         with the section line to the northeast corner

19         of section twenty-four (24), said township and

20         range; Thence west to center of north line of

21         section twenty-four (24); thence north with

22         half section line to center of section one (1),

23         township 28, range 25; Thence east with the

24         half section line to the northeast corner of

25         southeast quarter (SE 1/4) of section two (2),

26         township 28 south, range 26 east, the point of

27         beginning; embracing within said district the

28         following lands, viz; The south half of

29         sections two, three, four, five and six and all

30         of sections seven, eight, nine, ten, eleven,

31         fourteen, fifteen, sixteen, seventeen,

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         eighteen, nineteen, twenty, twenty-one,

 2         twenty-two, twenty-three, twenty-five,

 3         twenty-six, twenty-seven, twenty-eight,

 4         twenty-nine, thirty, thirty-two, thirty-three,

 5         thirty-four, and thirty-five and the west half

 6         of section sections twenty-five and thirty-six

 7         and the east half of section thirty-one and the

 8         north half of the northeast quarter of section

 9         thirty-six in township 28 south, range 26 east

10         and all of sections two, three, four, nine, ten

11         and eleven, and the west half of sections one

12         and twelve and the north half of sections five,

13         fourteen, fifteen and sixteen and the northeast

14         quarter of section six and the northwest

15         quarter of section thirteen in township 29

16         south, range 26 east, and the east half of

17         sections twelve and thirteen, and the southeast

18         quarter of section one in township 28 south,

19         range 25 east and section thirty and the north

20         quarter of section thirty-one in township 28

21         south, range 27 east.

22  

23         And:

24  

25         Beginning at the Southwest Northwest corner of

26         Section 34 2, Township 27 28 South, Range 26

27         East, Polk County, Florida;

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29         Run thence Easterly, along the north line

30         thereof,  to the Northeast corner of the West

31  

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         one-half of the Northeast quarter of said

 2         Section 2, Township 28 South, Range 26 East;

 3  

 4         Thence Southerly, along said east line of the

 5         west one-half of the Northeast quarter of said

 6         Section 2, to the Southeast corner thereof;

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 8         Thence Westerly, along the south line of the

 9         west one-half of the Northeast quarter and the

10         south line of the Northwest quarter of said

11         Section 2, to the Southeast corner of the north

12         one-half of Section 3, Township 28 South, Range

13         26 East;

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15         Thence continue Westerly, along the south line

16         of the North one-half of said Section 3, to the

17         southeast corner of the north one-half of

18         Section 4, Township 28 South, Range 26 East;

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20         Thence continue Westerly, along the south line

21         of the north one-half of said Section 4, to the

22         southeast corner of the north one-half of

23         Section 5, Township 28 South, Range 26 East;

24  

25         Thence continue Westerly, along the south line

26         of the north one-half of said Section 5, to the

27         southeast corner of the north one-half of

28         Section 6, Township 28 South, Range 26 East;

29  

30         Thence continue Westerly, along the south line

31         of the north one-half of said Section 6, to the

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         southeast corner of the Northeast quarter of

 2         Section 1, Township 28 South, Range 25 East;

 3  

 4         Thence continue Westerly, along the south line

 5         of the Northeast quarter and the south line of

 6         the Northwest quarter of said Section 1, to the

 7         southwest corner of the East one-half of the

 8         Northwest quarter of said Section 1;

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10         Thence Northerly, along the west line of the

11         East one-half of the Northwest quarter of said

12         Section 1, to the northwest corner thereof;

13  

14         Thence Easterly, along the north line of the

15         East one-half of the Northwest quarter of said

16         Section 1, to the southwest corner of the South

17         one-half of the Southeast quarter of Section

18         36, Township 27 South, Range 25 East;

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20         Thence Northerly, along the west line of the

21         South one-half of the Southeast quarter of said

22         Section 36, to the northwest corner thereof;

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24         Thence Easterly, along the north line of the

25         South one-half of the Southeast quarter of said

26         Section 36, to the northeast corner thereof,

27         also being a point on the westerly line of

28         Section 31, Township 27 South, Range 26 East;

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30  

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         Thence Northerly, along the west line of said

 2         Section 31, to the southwest corner of Section

 3         30, Township 27 South, Range 26 East;

 4  

 5         Thence continue Northerly, along the west line

 6         of said Section 30, to the southwest corner of

 7         Section 19, Township 27 South, Range 26 East;

 8  

 9         Thence continue Northerly, along the west line

10         of said Section 19, to the northwest corner

11         thereof;

12  

13         Thence Easterly, along the north line of said

14         Section 19, to the northwest corner of Section

15         20, Township 27 South, Range 26 East;

16  

17         Thence continue Easterly, along the north line

18         of said Section 20, to the southwest corner of

19         the Southeast quarter of the Southeast quarter

20         of Section 17, Township 27 South, Range 26

21         East;

22  

23         Thence Northerly, along the west line of the

24         Southeast quarter of the Southeast quarter of

25         said Section 17, to the northwest corner

26         thereof;

27  

28         Thence Easterly, along the north line of the

29         Southeast quarter of the Southeast quarter of

30         said Section 17, to the northeast corner

31         thereof;

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1  

 2         Thence Southerly, along the east line of the

 3         Southeast quarter of the Southeast quarter of

 4         said Section 17, to the Northwest corner of

 5         Section 21, Township 27 South, Range 26 East;

 6  

 7         Thence Easterly, along the north line of said

 8         Section 21, to the northeast corner thereof;

 9  

10         Thence Southerly, along the east line of said

11         Section 21, to the northwest corner of the

12         Southwest quarter of Section 22, Township 27

13         South, Range 26 East;

14  

15         Thence Easterly, along the north line of the

16         Southwest quarter of said Section 22, to the

17         northeast corner thereof;

18  

19         Thence Southerly, along the east line of the

20         Southwest quarter of said Section 22, to the

21         southeast corner thereof, also being a point on

22         the north line of Section 27, Township 27

23         South, Range 26 East;

24  

25         Thence Easterly, along the north line of said

26         Section 27, to the northeast corner thereof;

27  

28         Thence Southerly, along the east line of said

29         Section 27, to the northeast corner of Section

30         34, Township 27 South, Range 26 East;

31  

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         Thence continue Southerly, along the east line

 2         of said Section 34, to the southeast corner

 3         thereof and the Point of Beginning.

 4  

 5         (2)  Begin at the southwest corner of Section

 6         24, Township 28 South, Range 26 East; Thence

 7         east along the south line of Section 24 to the

 8         Southwest corner of Section 19, Township 28

 9         South, Range 27 East; Thence east along the

10         south line of Sections 19 and 20, said Township

11         and Range, to the intersection with the

12         centerline of U.S. Highway 27 (State Road 25);

13         Thence northerly along said centerline through

14         Sections 20, 17, 8, 5 and 6, said Township and

15         Range, to the intersection with the south line

16         of the North Quarter of Section 31, Township 27

17         South, Range 27 East; Thence West along said

18         line to the Southwest corner of the North

19         Quarter of said Section 31; Thence North to the

20         Northwest corner of said Section 31, same being

21         common with the Southwest corner of Section 30

22         said Township and Range; Thence North along the

23         West line of said Section 30 to an intersection

24         with the centerline of U.S. Highway 92; Thence

25         westerly along said centerline through Sections

26         25 and 26, Township 27 South, Range 26 East to

27         the intersection with the west line of said

28         Section 26; Thence south along the west line of

29         said Section 26 and Section 35, said Township

30         and Range, to the southwest corner of said

31         Section 35 and a point on the north line of

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1         Section 2, Township 28 South, Range 26 East;

 2         Thence east along the north line of said

 3         Section 2 to the Northwest corner of the east

 4         half of the northeast quarter of said Section

 5         2; Thence south to the southwest corner of said

 6         east half; Thence east to the southeast corner

 7         of the northeast quarter of said Section 2;

 8         Thence south along the east lines of said

 9         Section 2 and Sections 11, 14 and 23, said

10         Township and Range to the Point of Beginning.

11         Less those portions of Sections 19 and 20,

12         Township 28 South, Range 27 East that together

13         form the P-8 Canal located on the West side of

14         U.S. Highway 27 and the South side of Lake

15         Hamilton.

16  

17         All of the above lands lying in Polk County,

18         Florida.

19  

20         Section 3.  In accordance with provisions of law

21  relating to elections currently in force, the Lake Region

22  Lakes Management District shall call and the Polk County

23  Supervisor of Elections shall conduct a referendum on or

24  before November 30, 2008, of the qualified electors residing

25  within the area proposed to be annexed pursuant to section 2

26  of this act. The term "qualified elector" means a person who

27  is a registered voter qualified to vote in a general election

28  held in Polk County. The purpose of said referendum shall be

29  to determine whether the boundaries of the Lake Region Lakes

30  Management District shall be expanded to annex land that is

31  not currently within the district's boundaries as described in

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    Florida Senate - 2006        (NP)                      SB 2764
    17-1511-06                                         See HB 1479




 1  section 2 and to determine whether property within the annexed

 2  area shall be subject to ad valorem taxation at a rate not to

 3  exceed 1 mill.

 4         Section 4.  This act shall take effect only upon its

 5  approval by a majority vote of those qualified electors voting

 6  in the referendum as required by section 3 of this act, except

 7  that this section, section 1, and section 3 shall take effect

 8  upon becoming a law.

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