HB 1425

1
A bill to be entitled
2An act relating to the East County Water Control District,
3Lee and Hendry Counties; amending chapter 2000-423, Laws
4of Florida, as amended; changing the name of the district
5to the Improvement District of Lehigh Acres; amending the
6boundaries of the district; providing for a board of
7commissioners in lieu of a board of supervisors; providing
8that the board may provide water and sewer services and
9levy non-ad valorem assessments or user fees; revising
10meeting attendance requirements for commissioners;
11providing penalties for unexcused absences from meetings;
12providing for a referendum; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  The charter of the East County Water Control
17District, as codified in section 3 of chapter 2000-423, Laws of
18Florida, as amended by chapters 2003-315, 2005-308, and 2006-
19319, Laws of Florida, is amended to read:
20     Section 1.  Creation; Status; Charter amendments; District
21boundaries.--
22     (1)  The decree of the circuit court in and for the twelfth
23(12th) judicial circuit, Lee County, entered in chancery no.
2412,429 on May 5, 1958, created the East County Water Control
25District, and the subsequent decree of the circuit court in and
26for the twelfth (12th) judicial circuit, Lee County, extended
27the boundaries of said District to include additional lands in
28Lee County and Hendry County, said decree being entered in
29chancery no. 12,429 on May 26, 1961, together with all
30subsequent proceedings taken in said circuit court concerning
31said District which were ratified, confirmed, and approved by
32special act of the Legislature in 1963. The East County Water
33Control District, hereinafter renamed the "Improvement District
34of Lehigh Acres," is therefore declared to exist as an
35independent special district.
36     (2)  The boundaries of the District are hereby declared to
37be as follows:
38LANDS IN LEE COUNTY, FLORIDA
39TOWNSHIP 43 SOUTH, RANGE 26 EAST
40SECTION 25:
41The following portions of Section 25;
42The East 1/2 of the Northeast 1/4 of the Northeast
431/4, together with
44The Northeast 1/4 of the Southeast 1/4 of the
45Northeast 1/4
46TOWNSHIP 43 SOUTH, RANGE 27 EAST
47SECTION 19:
48Commencing at the Southeast corner of Government Lot 5
49of said Section 19, said point also being the
50Southeast Corner of the Southwest 1/4 South 1/4
51Section Corner of said Section 19; thence North 89°
5232' 09" West along the South line of said Section 19,
53a distance of 941.17 941.16 feet to the POINT OF
54BEGINNING, thence continuing along the south line of
55said Section 19 a distance of 623.70 feet; thence
56North 00°33' 48" West along the west line of lands
57described in Book 4433, Page 952-953 of the Official
58Records of Lee County, Florida a distance of 579.14
59feet to a point on the southerly right-of-way of the
60Caloosahatchee River Canal; thence North 72° 41' 35"
61East along said right-of-way a distance of 264.64
62feet; thence North 50°57' 38" East along said right-of
63way a distance of 399.11 feet; thence North 84°04' 34"
64East along said right-of-way a distance of 57.98 feet
65to the northeast corner of lands described in Book
663558, Page 3183-3185 of the Official Records of Lee
67County, Florida; thence South 00° 33' 49" East along
68the east line of said lands a distance of 920.30 feet
69to the POINT OF BEGINNING and there terminate of this
70description; thence North 00° 33' 49" West, a distance
71of 961.01 feet to the Southerly United States
72Government Easement line of the Caloosahatchee River;
73thence continuing North 00° 33' 48" West, a distance
74of 90 feet, more or less, to the Southerly waters edge
75of the said Caloosahatchee River; thence Southwesterly
76along the meanders of said Southerly waters edge of
77the Caloosahatchee River, a distance of 780 feet, more
78or less; thence South 00° 33' 48" East, a distance of
7950 feet, more or less, to the said Southerly United
80States Government Easement line of the Caloosahatchee
81River; thence continuing South 00° 33' 48" East, a
82distance of 578.75 feet to the said South line of
83Section 19; thence South 89° 32' 09" East along the
84said South line of Section 19 to the POINT OF
85BEGINNING, LESS the Easterly 35.80 feet of the above
86described parcel.
87SECTION 30:
88The following portions of Section 30;
89That portion of the West 1/2 of said Section 30 lying
90North of State Road 80, LESS the West 118.40 feet
91thereof.
92That portion of the Northwest 1/4 of the Northeast 1/4
93of Section 30 lying North of State Road 80.
94That portion of Section 30 lying South of the
95Southerly Right-of-Way line of State Road 80, LESS the
96West 200.00 feet of said Section 30 lying South of
97Hickey's Creek,
98AND LESS lots 18 thru 28, Lots 31 and 32, Lots 37 and
9938, Lots 41 thru 44 all as shown on Pine Creek Acres,
100Unit No. 1 as recorded in Plat Book 10, Page 13 of the
101Public Records of Lee County, Florida.
102AND LESS Lot 1, Lots 23 and 24, Lots 27 and 28, the 50
103foot Right-of-Way for Dixie Lane and that portion of
104the 50 foot Right-of-Way for Pine Boulevard lying
105Easterly of a line connecting the Northeast corner of
106Lot 92 with the Southeast corner of Lot 35 all as
107shown on Pine Creek Acres, Unit No. 2 as recorded in
108Plat Book 10, Page 74 of the said Public Records,
109AND LESS the following described parcel;
110BEGINNING at the Northeast corner of Pine Creek Acres,
111Unit No. 1 as recorded in Plat Book 10, Page 13 of the
112said Public Records; thence South 00° 56' 00" East
113along the East line of said Pine Creek Acres, Unit No.
1141 and the Southerly projection thereof, a distance of
115223.86 feet; thence North 89° 35' 20" East, a distance
116of 166.20 feet; thence North 00° 24' 40" West, a
117distance of 203.00 feet to the said Southerly Right-
118of-Way line of State Road 80; thence North 82° 54' 00"
119West along the said Southerly Right-of-Way line of
120State Road 80 to the POINT OF BEGINNING,
121AND LESS the following described parcel;
122Commencing at the said Northeast corner of Pine Creek
123Acres, Unit No. 1; thence South 82° 54' 00" East along
124the said Southerly Right-of-Way line of State Road 80,
125a distance of 307.31 thence South 00° 56' 00" East
126along the said East line of Pine Creek Acres, Unit No.
1271 and the Southerly projection thereof, a distance of
128223.86 feet; thence North 89° 35' 20" East, a distance
129of 166.20 feet; thence North 00° 24' 40" West, a
130distance of 203.00 feet to the said Southerly Right-
131of-Way line of State Road 80, thence South 82° 54' 00"
132East along the said Southerly Right-of-Way line of
133State Road 80, a distance of 137.61 feet to the POINT
134OF BEGINNING of this description; thence South 00° 24'
13540" East, a distance of 237.58 feet; thence North 89°
13635' 20" East, a distance of 209.19 feet; thence South
13700° 24' 40" East, a distance of 918.16 feet; thence
138North 89° 35' 20" East, a distance of 420.00 feet;
139thence North 00° 24" 40" West, a distance of 1069.39
140feet to the said Southerly Right-of-Way line of State
141Road 80; thence Northwesterly along the said Southerly
142Right-of-Way line of State Road 80 to the POINT OF
143BEGINNING,
144AND LESS the following described parcel;
145BEGINNING at the intersection of the East line of the
146Northwest 1/4 of the Northeast 1/4 of said Section 30
147and the said Southerly Right-of-Way line of State Road
14880; thence South 00° 24' 40" East along the East line
149of the West 1/2 of the Northeast 1/4 of said Section
15030 to a point which is South 00° 24' 40" East, a
151distance of 129.00 feet from the Northwest corner of
152the Southeast 1/4 of the Northeast 1/4 of said Section
15330; thence South 89° 41' 55" East along a line
154parallel with the North line of the said Southeast 1/4
155of the Northeast 1/4, a distance of 337.00 feet;
156thence North 00° 24' 40" West to the said Southerly
157Right-of-Way line of State Road 80; thence North 81°
15808' 00" West along the said Southerly Right-of-Way
159line of State Road 80 to the POINT OF BEGINNING.
160SECTION 31:
161The following portions of Section 31;
162The West 1/2, together with
163The West 1/2 of the Southeast 1/4, together with
164The Southeast 1/4 of the Southeast 1/4, together with
165The Southwest 1/4 of the Northeast 1/4, together with
166The Southwest 1/4 of the Northwest 1/4 of the
167Northeast 1/4, together with
168The Northeast 1/4 of the Northeast 1/4 of the
169Northeast 1/4
170SECTION 36:
171The East 1/2 of Section 36, LESS the Northwest 1/4 of
172the Northeast 1/4 thereof.
173TOWNSHIP 44 SOUTH, RANGE 26 EAST
174SECTION 1-3:
175All of Sections 1, 2 and 3.
176SECTION 4:
177The East 1/2 of Section 4.
178SECTION 10:
179The following portions of Section 10;
180The East 1/2 of the Southeast 1/4, together with
181The Northwest 1/4 of the Southeast 1/4.
182SECTIONS 11-14:
183All of Sections 11, 12, 13 and 14.
184SECTION 15:
185The East 1/2 of the East 1/2 of Section 15.
186SECTION 16:
187The following portions of Section 16;
188All of Units 1 through 5 of "Lehigh Acres" as recorded
189in Plat Book 27, Page 186 of the Public Records of Lee
190County, Florida together with,
191Lot 16, Block 36 of "Buckingham Park, Northwest
192Section" as recorded in Plat Book 9, Page 92 of the
193said Public Records.
194SECTION 19:
195The following portions of Section 19;
196The Southeast 1/4, together with
197That portion of the Northeast 1/4 of said Section 19
198lying South of Buckingham Road.
199SECTION 20:
200The following portions of Section 20;
201The South 1/2, together with
202That portion of the North 1/2 of said Section 20 lying
203South of Buckingham Road.
204SECTION 21:
205The following portions of "Buckingham Park, South
206Section" as recorded in Plat Book 9, Page 99 of the
207said Public Records being in Section 21;
208Lots 3 through 10 of Block 40,
209Lots 1 and 3 of Block 38,
210Lot 28 of Block 29,
211The North 40 feet of Lot 29 of Block 29,
212All of Tract "D",
213All of Block "E"
214together with,
215the Re-subdivision of that portion of Block "E" of
216said "Buckingham Park, South Section" as replatted on
217"Plat of Unit 3 Lehigh Park, a Subdivision of Lehigh
218Acres" as recorded in Plat Book 15, Page 66 of the
219said Public Records, together with
220That portion of said Section 21 lying Southwesterly of
221the centerline of a 60 foot easement as described in
222Miscellaneous Book 32, Page 335 of the said Public
223Records.
224SECTION 22:
225That portion of Section 22 lying South and
226Southwesterly of Homestead Road as shown on Plat of
227"Buckingham Park Entrance Roads" as recorded in Plat
228Book 9, Page 97 of the said Public Records.
229SECTIONS 23-29:
230All of Sections 23, 24, 25, 26, 27, 28 and 29.
231SECTION 30:
232The following portions of Section 30;
233The South 1/2, together with
234The Northeast 1/4, together with
235The South 100 feet of the North 1/2 together with
236The remainder of the Northeast 1/4.
237SECTION 31:
238That portion of said Section 31 lying Northeasterly of
239State Road 82.
240SECTIONS 32-36:
241All of Sections 32, 33, 34, 35 and 36.
242TOWNSHIP 44 SOUTH, RANGE 27 EAST
243SECTION 1:
244All of Section 1.
245SECTION 2:
246All of Section 2, LESS the Northwest 1/4 of the
247Northwest 1/4 thereof.
248SECTION 3:
249All of Section 3, LESS the Northeast 1/4 thereof,
250AND LESS the East 1/2 of the Northwest 1/4 thereof.
251SECTIONS 4-6:
252All of Sections 4, 5 and 6.
253SECTION 7:
254The following portions of Section 7;
255The South 1/2, together with
256The Northwest 1/4, together with
257The Southwest 1/4 of the Northeast 1/4, together with
258The North 1/2 of the Northeast 1/4, together with
259The North 854 feet of the East 466 feet of the
260Southeast 1/4 of the Northeast 1/4.
261SECTION 8:
262The following portions of Section 8;
263The South 1/2, together with
264The Northwest 1/4 of the Northeast 1/4, together with
265The West 1/2 of the Northeast 1/4, together with
266The East 3/4 of the Southeast 1/4 of the Northwest
2671/4.
268SECTION 9:
269All of said Section 9, LESS the Southwest 1/4 of the
270Northeast 1/4 thereof.
271SECTIONS 10-36:
272All of Sections 10, 11, 12, 13, 14, 15, 16, 17, 18,
27319, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
27432, 33, 34, 35 and 36.
275TOWNSHIP 45 SOUTH, RANGE 26 EAST
276SECTIONS 1-3:
277All of Section 1, 2 and 3.
278SECTION 4:
279All that portion of Section 4 lying North of State
280Road 82.
281SECTION 5:
282All that portion of Section 5 lying North of State
283Road 82.
284SECTION 6:
285All that portion of Section 6 lying North of State
286Road 82.
287SECTION 9:
288All that portion of Section 9 lying North of State
289Road 82.
290SECTION 10:
291All that portion of Section 10 lying North of State
292Road 82.
293SECTION 11:
294All that portion of Section 11 lying North of State
295Road 82.
296SECTION 12:
297All of Section 12.
298SECTION 13:
299All that portion of Section 13 lying North of State
300Road 82.
301SECTION 14:
302All that portion of Section 14 lying North of State
303Road 82.
304TOWNSHIP 45 SOUTH, RANGE 27 EAST
305SECTIONS 1-3 :
306All of Sections 1, 2 and 3.
307SECTION 4:
308All of Section 4, LESS the Southeast 1/4 of the
309Southeast 1/4 thereof,
310AND LESS the South 1/2 of the Northeast 1/4 of the
311Southeast 1/4 of said Section 4.
312AND LESS the South 1/2 of the Northeast 1/4 of the
313Northeast 1/4 of the Southeast 1/4 of said Section 4,
314AND LESS the Northwest 1/4 of the Northeast 1/4 of the
315Southeast 1/4 of said Section 4.
316SECTION 5:
317The following portions of Section 5;
318The Northwest 1/4, together with
319The East 3/4 of the North 1/2 of the Southwest 1/4,
320together with The South 1/2 of the Southwest 1/4,
321together with
322The Southwest 1/4 of the Southeast 1/4 LESS the South
323175 feet of the East 125 feet thereof, together with
324The following described parcel being in the Northeast
3251/4 of the Northeast 1/4 of said Section 5; Commencing
326at the Northeast corner of said Section 5; thence
327Westerly along the North line of said Section 5, said
328North line of Section 5 being the South line of Units
3297 and 18 of "Leeland Heights" as shown on plat
330recorded in Plat Book 12, Page 53 of the said Public
331Records, a distance of 116.51 feet to the Southwest
332corner of Lot 10 of Block 87 of said "Leeland Heights"
333and the POINT OF BEGINNING of this description; thence
334continuing Westerly along the said North line of
335Section 5, a distance of 1208.55 feet to the Northwest
336corner of the Northeast 1/4 of the Northeast 1/4 of
337said Section 5; thence South 01° 35' 34" East along
338the West line of the said Northeast 1/4 of the
339Northeast 1/4 of Section 5, a distance of 1149.72
340feet; thence Easterly along a line parallel with the
341said North line of Section 5, a distance of 1268.07
342feet to a point of intersection with a line parallel
343with and 60 feet Westerly of (as measured at right
344angles) the East line of said Section 5; thence North
34501° 44' 40" West along said parallel line, a distance
346of 1089.78 feet to a point of intersection with a line
347parallel with and 60 feet Southerly of (as measured at
348right angles) the said North line of Section 5; thence
349Westerly along said line parallel with and 60 feet
350Southerly of the North line of Section 5, a distance
351of 58.31 feet to a point of intersection with the
352Southerly prolongation of the West line of said Lot 10
353of Block 87 of "Leeland Heights"; thence Northerly
354along said Southerly prolongation, a distance of 60.00
355feet to the POINT OF BEGINNING. Bearings in last
356described parcel relative to said Plat of Units 7 and
35718 of "Leeland Heights".
358SECTION 6:
359All of Section 6, LESS the following described parcel,
360BEGINNING at the Southwest corner of Government Lot 5
361of said Section 6; thence Northerly along the West
362line of said Government Lot 5, a distance of 466.70
363feet; thence Easterly along a line parallel with the
364South line of said Government Lot 5, a distance of
365466.70 feet; thence Southerly along a line parallel
366with the said West line of Government Lot 5, a
367distance of 466.70 feet; thence Westerly along the
368South line of said Government Lot 5, a distance of
369466.70 feet to the POINT OF BEGINNING.
370SECTION 7:
371All of Section 7.
372SECTION 8:
373All of Section 8, LESS the Southwest 1/4 of the
374Southeast 1/4 thereof.
375SECTION 9:
376The following portions of Section 9;
377The West 1/2 of the Southwest 1/4, together with
378The Southeast 1/4, together with
379The West 1/2 of the Northeast 1/4, together with
380The Southeast 1/4 of the Northeast 1/4.
381SECTIONS 10-17:
382All of Sections 10, 11, 12, 13, 14, 15, 16 and 17.
383SECTION 18:
384All of Section 18, LESS the 200 foot Right-of-Way for
385State Road 82 thereof,
386AND LESS the Westerly 25 feet of that portion of said
387Section 18 lying Northerly of said State Road 82, said
38825 foot strip as conveyed to Lee County for roadway
389purposes by deed recorded in Official Record Book 147,
390Page 73 of the said Public Records of Lee County.
391SECTION 19:
392All of Section 19, LESS the 200 foot Right-of-Way for
393State Road 82 thereof,
394AND LESS the following described parcel, BEGINNING at
395the Northeast corner of said Section 19; thence South
39689°55'00" West with the North line of said Section 19,
397a distance of 1327.50 feet to the Northwest corner of
398the East 1/2 of the Northeast 1/4 of Section 19;
399thence South 49°30'50" West a distance of 465.93 feet
400to the Northern Right-of Way line of State Road 82;
401thence Southeasterly with the said Northern Right-of-
402Way line to the East line of Section 19; thence North
40300834'00" West along the East line of Section 19 South
40400° 34' 00" East along the East line of said Section
40519 to the East 1/4 Section corner of said Section 19;
406thence South 89° 53' 40" West along the East/West 1/4
407Section line of said Section 19, a distance of 1479.38
408feet; thence North 00° 39' 20" West along a line
409parallel with and 156.00 feet Westerly of (as measured
410at right angles) the West line of the East 1/2 of the
411Northeast 1/4 of said Section 19, a distance of
4122019.77 feet to a point of intersection with the
413Southwesterly Right-of-Way line of said State Road 82;
414thence South 64° 06' 00" East along the said
415Southwesterly right-of-Way line of State Road 82, a
416distance of 174.40 feet to a point of intersection
417with the said West line of the East 1/2 of the
418Northeast 1/4 of Section 19; thence North 00° 39' 20"
419West along the said West line of the East 1/2 of the
420Northeast 1/4 of Section 19, a distance of 223.58 feet
421to a point of intersection with the Northeasterly
422Right-of-Way line of State Road 82; thence North 64°
42306' 00" West along the said Northeasterly Right-of-Way
424line of State Road 82, a distance of 400.00 feet;
425thence North 49° 30' 50" East, a distance of 465.93
426feet to the Northwest corner of the said East 1/2 of
427the Northeast 1/4 of Section 19; thence North 89° 55'
42800" East along the North line of said Section 19, a
429distance of 1327.50 feet to the POINT OF BEGINNING.
430SECTION 20:
431All of Section 20, LESS the 200 foot Right-of-Way for
432State Road 82 thereof,
433AND LESS the following described parcel, BEGINNING at
434the Northwest corner of said Section 20; thence North
43589° 15' 50" East along the North line of said Section
43620, a distance of 227.46 feet; thence South 00° 34'
43700" East along a line parallel with the West line of
438said Section 20, a distance of 1516.82 feet to a point
439of intersection with the Northerly Right-of-Way line
440of State Road 82; thence North 49° 52' 20" West along
441the said Northerly Right-of-Way line of State Road 82,
442a distance of 300.00 feet to a point of intersection
443with the West line of said Section 20; thence North
44400° 34' 00" East along the said West line of Section
44520 to the POINT OF BEGINNING
446AND LESS the following described parcel, BEGINNING at
447the intersection of the Southwesterly Right-of-Way
448line of State Road 82 and the South line of said
449Section 20; thence North 24° 51' 40" West along the
450said Southwesterly Right-of-Way line of State Road 82,
451a distance of 1000.00 feet; thence South 32° 24' 30"
452West, a distance of 1081.39 feet to a point of
453intersection with the said South line of Section 20;
454thence North 89° 40' 40" East along the said South
455line of Section 20, a distance of 1000.00 feet to the
456POINT OF BEGINNING. Last described parcel being
457recorded in Deed Book 306, Page 153 of the said Public
458Records of Lee County.
459SECTIONS 21-26:
460All of Sections 21, 22, 23, 24, 25 and 26.
461SECTION 27:
462All of Section 27 lying NORTH of State Road 82.
463SECTION 28:
464All of Section 28 lying North of State Road 82.
465SECTION 29:
466All of Section 29 lying North of State Road 82.
467SECTION 34:
468All of Section 34 lying North of State Road 82.
469SECTION 35:
470All of Section 35 lying North of State Road 82.
471SECTION 36:
472All of Section 36 LESS the 200 foot Right-of-Way for
473State Road 82 thereof.
474LANDS IN HENDRY COUNTY, FLORIDA.
475TOWNSHIP 43 SOUTH, RANGE 28 EAST
476SECTION 30:
477The following portions of Section 30;
478The West 400.00 feet of the Southwest 1/4 less the
479right-of-way for State Road 80, together with
480The parcel commencing at the West 1/4 corner of
481Section 30; thence along the West Section line North
48201° 01' 11" West, a distance of 164.01 feet to the
483North right-of-way line of State Road 80 and the POINT
484OF BEGINNING; thence continuing North 01° 01' 11"
485West, a distance of 1156.17 feet to the South Right-
486of-Way line for the Caloosahatchee River (C-43 canal);
487thence along said South Right-of-Way line North 78°
48807' 28" East, a distance of 162.92 feet; thence South
48901° 01' 11" East, a distance of 415.55 feet; thence
490South 45° 02' 36" East, a distance of 345.35 feet;
491thence South 01° 01' 11" East, a distance of 520.42
492feet to the North Right-of-Way for State Road 80;
493thence along said right-of-way South 88° 36' 43" West,
494a distance of 400.00 feet to the POINT OF BEGINNING
495SECTION 31:
496The following portions of Section 31;
497The Southeast 1/4 of the Northwest 1/4, together with
498The East 1/2 of the Southwest 1/4, together with,
499The South 185.00 feet of the North 1/2 of the
500Northwest 1/4 less the West 1189.24 feet of the East
5011439.25 feet of the South 25.00 feet thereof;
502Together with the West 660.76 feet of the North 30.00
503feet of the Southwest 1/4 of the Northwest 1/4,
504Together with the West 400.00 feet of the Northwest
5051/4 of the Northwest 1/4.
506TOWNSHIP 44 SOUTH, RANGE 28 EAST
507SECTION 6:
508The West 1/2 of Section 6.
509SECTION 7:
510The West 1/2 of Section 7.
511SECTION 18:
512The West 1/2 of Section 18.
513SECTION 19:
514The West 1/2 of Section 19.
515SECTION 30:
516The West 1/2 of Section 30.
517SECTION 31:
518The West 1/2 of Section 31.
519     Section 2.  Installment assessments and the collection
520thereof.--Annual installment assessments, which are levied under
521section 298.36, Florida Statutes, shall become due and be
522collected during each year at the same time that county taxes
523are due and collected, pursuant to section 298.36, Florida
524Statutes, chapter 197, Florida Statutes, and this act. Said
525assessments shall be a lien until paid on the property against
526which assessed, and enforceable in like manner as county taxes.
527     Section 3.  Maintenance assessments.--Maintenance
528assessments as provided for under section 298.54, Florida
529Statutes, shall be apportioned upon the basis of the net
530assessments of benefits assessed as accruing from original
531construction and any subsequent improvements, and shall be due
532and collected pursuant to section 298.54, Florida Statutes,
533chapter 197, Florida Statutes, and this act. Provided, nothing
534herein shall prevent the Board of Commissioners Supervisors from
535apportioning maintenance taxes for the maintenance of the
536district facilities equally to all benefited acres if the Board
537of Commissioners Supervisors determines that benefits are
538substantially equal for benefited acreage throughout the
539District. Said assessments shall be a lien until paid on the
540property against which assessed and enforceable in like manner
541as county taxes.
542     Section 4.  Water and sewer powers and duties; non-ad
543valorem assessments; user charges and fees.--
544     (1)  The district shall have, and the board may exercise,
545subject to the regulatory jurisdiction and permitting authority
546of all applicable governmental bodies, agencies, and special
547districts having authority with respect to any area included
548therein, the power to provide water supply, sewer, and
549wastewater management, reclamation, and reuse or any combination
550thereof, and to construct and operate connecting, intercepting,
551or outlet sewers and sewer mains and pipes and water mains,
552conduits, or pipelines in, along, and under any public street,
553alley, highway, or other public place or way, and to dispose of
554any effluent, residue, or other byproducts of such system or
555sewer system. The district shall also have the authority to
556require and enforce the use of its facilities whenever and
557wherever they are accessible.
558     (2)  Non-ad valorem assessments, user charges, or fees,
559including impact fees, authorized by the Board of Commissioners
560may be levied to finance, fund, plan, establish, acquire,
561construct, operate, and maintain systems, facilities, and basic
562infrastructure for water supply, sewer, and wastewater
563management, reclamation, and reuse and to construct and operate
564connecting, intercepting, or outlet sewers and sewer mains and
565pipes and water mains, conduits, or pipelines in, along, and
566under any public street, alley, highway, or other public place
567or way, and to dispose of any effluent, residue, or other
568byproducts of such system or sewer system. Non-ad valorem
569assessments may be levied and collected pursuant to chapter 197
570or chapter 170, Florida Statutes. The receipt and collection of
571these charges or fees shall be in the manner prescribed by board
572resolution not inconsistent with general law.
573     (3)  Any exercise of the powers and authority granted in
574subsections (1) and (2) which is necessary to provide any
575proposed facilities, services, or charges within Lee County
576shall be subject to prior approval by the adoption of a
577resolution by a majority of the Lee County Commission in session
578at a duly advertised public hearing. Any exercise of the powers
579and authority as granted in subsections (1) and (2) which is
580necessary to provide any proposed facilities, services, or
581charges within Hendry County shall be subject to prior approval
582by the adoption of a resolution by a majority vote of the Hendry
583County Commission in session at a duly advertised public
584hearing.
585     Section 5.4.  Board of Commissioners Supervisors;
586elections; candidate qualifications; powers and duties.--The
587provisions of chapter 298, Florida Statutes, to the contrary
588notwithstanding, the following provisions, to the extent of any
589conflict, shall control the Improvement District of Lehigh Acres
590East County Water Control District:
591     (1)  The Board of Commissioners Supervisors of the
592Improvement District of Lehigh Acres East County Water Control
593District shall be composed of five members who shall be
594registered voters and residents of the District. The Board of
595Commissioners Supervisors shall be elected at large by the
596electors residing in the District. Terms of all commissioners
597supervisors shall be for 4 years.
598     (2)  All District Commissioner Supervisor elections shall
599be held on the first Tuesday after the first Monday in November
600of even-numbered years. All District Commissioners Supervisors
601shall be elected at large by nonpartisan plurality vote with the
602candidate who receives the highest number of votes for each seat
603winning the election. Only registered voters residing within the
604District shall be permitted to vote. The cost of any election
605shall be borne by the District. Terms of all commissioners
606supervisors shall begin with the first regularly scheduled board
607meeting after certification of on the day after the election by
608the Secretary of State as established by this act. The terms of
609the Board of Commissioners Supervisors of the Improvement
610District of Lehigh Acres East County Water Control District
611serving on May 27, 1998, shall be extended for one year to the
612first Tuesday after the first Monday in November of the even-
613numbered year following the year in which their term is
614currently due to expire.
615     (3)  Qualifying for the position of District Commissioner
616Supervisor shall be coordinated by the supervisors of elections
617of the counties within which the District is located. Methods of
618qualifying shall be uniform pursuant to section 99.092, Florida
619Statutes. Candidates shall be required to open depositories and
620appoint treasurers prior to accepting any contributions or
621expending any funds.
622     (4)  Vacancies on the Board shall be filled pursuant to
623chapter 100, section 298.12, Florida Statutes.
624     (5)  The members of the Board shall be reimbursed for their
625expenses pursuant to section 112.061, Florida Statutes, and paid
626a salary flat fee of $250 per calendar calender month during
627term of office as established herein. The Board may remove any
628member who has three consecutive, unexcused absences from
629regularly scheduled meetings. In addition, commissioners shall
630not be paid for any unexcused absences from regularly scheduled
631meetings. The Board shall adopt policies by resolution defining
632excused and unexcused absences, provided however, the flat fee
633of $250 per calendar month shall only be payable in the event
634the member of the Board attends at least one (1) full regularly
635scheduled session of the Board during the subject calendar
636month.
637     (6)  Each year, the Board of Commissioners Supervisors
638shall hold an annual organizational meeting, at which a Chair,
639Vice-Chair, Secretary and Treasurer shall be elected, whose
640duties shall be established by Resolution of the Board.
641     (7)  The Board of Commissioners Supervisors shall have the
642power to employ a person to be designated General Manager of the
643District and to vest in him or her such authority and to
644delegate to him or her the performance of such duties and to
645provide such compensation as may be determined by the Board of
646Commissioners Supervisors. The Board may require the General
647Manager to furnish bond with good and sufficient surety in such
648amount as the Board may by resolution determine.
649     (8)  The District shall have and the Board may exercise and
650hold all powers, functions, and duties set forth in this act and
651chapters 189, 197, and 298, Florida Statutes, as they may be
652amended from time to time, including, but not limited to, non-ad
653valorem assessments, bond issuance, other revenue-raising
654capabilities, budget preparation and approval, liens and
655foreclosure of liens, use of tax deeds and tax certificates as
656appropriate for non-ad valorem assessments, and contractual
657agreements.
658     (9)  The methods for assessing and collecting non-ad
659valorem assessments, fees, or service charges shall be as set
660forth in chapter 189, chapter 197, or chapter 298, Florida
661Statutes, as amended from time to time.
662     (10)  The District's planning requirements shall be as set
663forth in this act and chapters 189 and 298, Florida Statutes, as
664amended from time to time.
665     (11)  Requirements for financial disclosure, meeting
666notices, reporting, public records maintenance, and per diem
667expenses for officers and employees shall be as set forth in
668chapters 112, 119, 189, 286, and 298, Florida Statutes, as
669amended from time to time.
670     (12)  The District shall have the authority to sell, lease,
671or otherwise encumber surplus real property owned by the
672District for the benefit of the District, except for
673environmentally sensitive property as designated by the Florida
674Department of Environmental Protection.
675     Section 6.5.  Bonds issuable for 40 years.--Notwithstanding
676the provisions of section 298.47, Florida Statutes, the Board of
677Commissioners Supervisors may issue bonds maturing at annual
678intervals within 40 years.
679     Section 7.6.  Assessment records.--Notwithstanding the
680provisions of section 298.36(2), Florida Statutes, the secretary
681of the Board of Commissioners Supervisors, as soon as said total
682assessment is levied, shall, at the expense of the District,
683prepare a list of all assessments levied, said list to be stored
684in electronic format.
685     Section 8.7.  Public improvements and community
686facilities.--In addition to the powers provided in chapter 298,
687Florida Statutes, the District shall have, and the Board may
688exercise, subject to the regulatory jurisdiction and permitting
689authority of all applicable governmental bodies, agencies, and
690special districts having authority with respect to any area
691included therein, any or all of the following special powers
692relating to public improvements and community facilities
693authorized by this act:
694     (1)  Conservation, mitigation, and wildlife habitat.--The
695power to finance, fund, plan, establish, acquire, construct or
696reconstruct, enlarge or extend, equip, operate, and maintain
697systems, facilities, and basic infrastructure for conservation
698areas, mitigation areas, and wildlife habitat, including the
699maintenance of any plant or animal species, and any related
700interest in real or personal property;
701     (2)  Recreational, cultural, and educational.--After the
702Board has obtained the consent of the local general purpose
703government within the jurisdiction of which the specified power
704is to be exercised, the power to plan, establish, acquire,
705construct or reconstruct, enlarge or extend, equip, operate and
706maintain additional systems and facilities for parks and
707facilities for indoor and outdoor recreational, cultural, and
708educational uses; and
709     (3)  Navigational and boating facilities.--The power to
710construct and maintain navigational and boating facilities in
711its canals, including, but not limited to, locks and dams, to
712widen and deepen its canals, to make them usable for navigation
713and boating, and to regulate in all respects the use of its
714canals for navigation and boating, including, but not limited
715to, the size of boats, their speed and hours of use. Prior to
716the District having the powers described in subsection (2), the
717additional power granted to the District must receive approval
718by a majority vote of the qualified electors of the district
719voting in a referendum election to be called by the District at
720the next general election, with the exception of the following
721three parks:
722     (a)  Lake Camille Park
723     (b)  Williams Park
724     (c)  Eco Park.
725     Section 2.  This act shall take effect upon becoming a law,
726except that new section 4 of the charter, as created in section
7271 of this act, shall take effect only upon the approval by a
728majority vote of those qualified electors of the district, as
729set forth in section 1 of the charter as amended and renamed in
730section 1 of this act, voting in a referendum to be held by the
731district in conjunction with the next primary, general, special,
732or other election to be held in the district.


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