HB 1541

1	A bill to be entitled
2	An act relating to the Pine Tree Water Control District,
3	Palm Beach County; codifying the district's charter;
4	providing legislative intent; amending, codifying,
5	reenacting, and repealing chapters 80-572, 82-358, and
6	2005-295, Laws of Florida; providing for the applicability
7	of chapters 298 and 189, Florida Statutes, and other
8	general laws; providing for liberal construction;
9	providing a savings clause in the event any of the act is
10	deemed invalid; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  (1)  The reenactment of existing law in this
15	act shall not be construed as a grant of additional authority to
16	nor to supersede the authority of any entity pursuant to law.
17	Exceptions to law contained in any special act that are
18	reenacted pursuant to this act shall continue to apply.
19	(2)  The reenactment of existing law in this act shall not
20	be construed to modify, amend, or alter any covenants,
21	contracts, or other obligations of the district with respect to
22	bonded indebtedness. Nothing pertaining to the reenactment of
23	existing law in this act shall be construed to affect the
24	ability of the district to levy and collect taxes, assessments,
25	fees, or charges for the purpose of redeeming or servicing
26	bonded indebtedness of the district.
27	Section 2.  Chapters 80-572, 82-358, and 2005-295, Laws of
28	Florida, are amended, codified, reenacted, and repealed as
29	herein provided.
30	Section 3.  The charter for the Pine Tree Water Control
31	District, an independent special district, is re-created and
32	reenacted to read:
33	Section 1.  District created and boundaries thereof;
34	validating creation of district under chapter 298, Florida
35	Statutes.--That for the purpose of reclaiming and draining the
36	lands hereinafter described and protecting such lands from the
37	effects of water by means of the construction and maintenance of
38	canals, ditches, levees, dikes, pumping plants, and other
39	drainage works and improvements, and for the purpose of making
40	the lands within the district available and habitable for
41	settlement and agriculture, and for the public convenience,
42	welfare, utility, and benefit, and for the other purposes stated
43	in this act, a drainage district is hereby created and
44	established in Palm Beach County, to be known as the Pine Tree
45	Water Control District, the territorial boundaries of which
46	shall be as follows, to wit:
47	Beginning at the Southeast corner of Section 24,
48	Township 44 South, Range 40 East, run South 89° 43'
49	08" West, along the South line of said Section 24 a
50	distance of 2,674.64 feet to the Northerly right of
51	way of Canal L-40; thence North 56° 54' 19" West along
52	said right of way of Canal L-40, a distance of
53	9,479.62 feet; thence North 42° 15' 14" West and
54	continuing along said Canal right of way 7,363.27 feet
55	to the West line of Section 10, Township 44 South,
56	Range 40 East; thence South 01° 16' 05" West, along
57	said West line of said Section 10, a distance of 57.57
58	feet; thence North 25° 11' 01" West along the
59	aforementioned Northerly right of way of Canal L-40, a
60	distance of 12,185.26 feet to the West line of Hiatus
61	Lot 4; thence North 01° 14' 08" East along the West
62	line of Hiatus Lot 4, a distance of 113.66 feet to the
63	Southwest corner of Section 33, Township 43 South,
64	Range 40 East; thence North 01° 14' 08" East along the
65	West line of said Section 33, a distance of 1,532.34
66	feet to the South right-of-way line of the West Palm
67	Beach Canal; thence South 88° 23' 22" East along said
68	Canal right of way 4,981.18 feet; thence South 01° 04'
69	07" West, 1,541 feet to the South line of Section 33,
70	Township 43 South, Range 40 East; thence South 42° 09'
71	30" East, 643.43 fee to the Northeast corner of
72	Section 4, Township 44 South, Range 40 East; thence
73	South 01° 16' 05" West along the East line of said
74	Section 4, a distance of 5,314.41 feet to the
75	Southeast corner of said Section 4; thence North 89°
76	44' 30" East along the North line of Section 10,
77	Township 44 South, Range 40 East, 4,875.18 feet;
78	thence run North 01° 15' 49" East, 5,304.15 feet to a
79	point on the South line of Hiatus Lot 3; thence North
80	01° 25' 51" East, 515.41 feet; thence North 87° 27'
81	20" West, 106.75 feet; thence North 00° 51' 10" East,
82	1,336.85 feet to the South right-of-way line of West
83	Palm Beach Canal; thence South 88° 21' 18" East along
84	the South right of way of said Canal 363,94 feet;
85	thence continue along the South line of said Canal
86	right of way South 88° 28' 22" East, 200.02 feet;
87	thence South 00° 56' 00" West, 1,544.21 feet to the
88	South line of Section 35, Township 43, South, Range 40
89	East; thence South 24° 36' 48" East, 325 feet to the
90	North line of Section 2, Township 44 South, Range 40
91	East, said line also being the South line of Hiatus
92	Lot 2; thence South 01° 15' 44" West, 5,302.88 feet to
93	the South line of said Section 2; thence South 89° 44'
94	30" West along the South line of said Section 2, a
95	distance of 200.07 feet to the Southwest corner of
96	said Section 2; thence South 01° 15' 44" West, along
97	the West line of Section 11, Township 44 South, Range
98	40 East, 5,278.18 feet to the Southwest corner of said
99	Section 11; thence North 89° 43' 57" East; along the
100	North lines of Sections 14 and 13, Township 44 South,
101	Range 40 East, 10,536.48 feet to the Northeast corner
102	of said Section 13; thence South 01° 17' 26" West
103	along the East line of said Section 13, a distance of
104	5,276.29 feet to the Southeast corner of said Section
105	13; thence South 01° 20' 00" West along the East line
106	of Section 24, Township 44 South, Range 40 East,
107	5,279.90 feet to the Southeast corner of said Section
108	24 and the Point of Beginning.
109	Containing 4,022 acres, more or less.
110	which said boundary line embraces and includes those
111	certain tracts or parcels of land situate in Palm
112	Beach County, Florida, described as follows:
113	All of that part of the East Quarter of the Southeast
114	Quarter of Section 34, Township 43 South, Range 40
115	East, lying South of the South right-of-way line of
116	West Palm Beach Canal, the West boundary of which
117	parcel being established by that certain Boundary Line
118	Agreement dated November 1, 1956, recorded in Deed
119	Book 1161, page 371, of the Public Records of Palm
120	Beach County, Florida; all that part of the West 200
121	feet of Section 35, Township 43 South, Range 40 East,
122	lying South of the South right-of-way line of West
123	Palm Beach Canal; the West 200 feet of Hiatus Lot 2,
124	between Townships 43 and 44 South, Range 40 East; all
125	of that part of Hiatus Lot 3, between Townships 43 and
126	44 South, Range 40 East, which lies East of that
127	certain lines established as a boundary line by
128	Boundary Line Agreement dated November 1, 1956,
129	recorded in Deed Book 1161, page 371, Public Records
130	of Palm Beach County, Florida; all of that part of
131	Hiatus Lot 4, between Townships 43 and 44 South, Range
132	40 East, lying Easterly of the East right-of-way line
133	of Levee L-40, excepting therefrom the east triangular
134	portion lying East of a line running from the
135	Southeast corner to a point 293 feet West of the
136	Northeast corner thereof; the West 200 feet of Section
137	2, the East 400 feet of Section 3, all that part of
138	Sections 4, 9, 15, 16, 22, 23 and 24, lying North and
139	East of the Northeasterly boundary of the right-of-way
140	of Levee L-40, and all of Section 10, 13 and 14, all
141	in Township 44 South, Range 40 East, in Palm Beach
142	County, Florida.
143	All of Section 33 lying South of West Palm Beach Canal
144	in Township 43 South, Range 40 East, less the East 293
145	feet.
146	Section 2.  Provisions of other laws made applicable.--The
147	Pine Tree Water Control District, created in 1971, shall
148	continue to be a public corporation of this state. The
149	provisions of the Drainage and Water Control Laws of Florida
150	applicable to water control districts which are embodied in
151	chapter 298, Florida Statutes, so far as not inconsistent with
152	this act, are declared to be applicable to the Pine Tree Water
153	Control District. The Pine Tree Water Control District shall
154	have all of the powers and authorities mentioned in or conferred
155	by chapters 298 and 189, Florida Statutes, and all other
156	applicable general laws, except as herein otherwise provided.
157	Section 3.  Additional powers of the district.--The Pine
158	Tree Water Control District, a water management district, in
159	Palm Beach County, created under chapter 298, Florida Statutes,
160	being an act relating to the creation and organization of water
161	management districts, shall have in addition to the powers
162	provided for in chapter 298, Florida Statues, the power to
163	construct, improve, pave, and maintain roadways and roads
164	necessary and convenient for the exercise of the powers or
165	duties or any of the powers or duties of the district; and in
166	furtherance of the purposes and intent of chapter 298, Florida
167	Statutes, to construct, improve, pave, and maintain streets,
168	roadways, and roads necessary and convenient to provide access
169	to and efficient development of areas made suitable and
170	available for cultivation, agricultural, settlement, and other
171	beneficial use and development as a result of the drainage,
172	irrigation, and reclamation operations of the district.
173	Section 4.  Board of supervisors.--The Board of Supervisors
174	of the Pine Tree Water Control District in Palm Beach County
175	shall be qualified and elected in accordance with the provisions
176	of chapter 298, Florida Statutes; provided, however, that at
177	least one of the members of the board of supervisors shall be a
178	legal resident of Rustic Ranches in addition to the other
179	qualifications provided for in chapter 298, Florida Statutes.
180	Section 5.  Amendment of master plan.--The Pine Tree Water
181	Control District may amend its master water management plan in
182	the manner provided by chapter 298, Florida Statutes, and
183	consistent with other applicable provisions of law.
184	Section 4.  If any provision of this act or the application
185	thereof to any person or circumstance is held invalid, the
186	invalidity shall not affect other provisions or applications of
187	the act which can be given effect without the invalid provision
188	or application, and to this end the provisions of this act are
189	declared severable.
190	Section 5.  This act shall be construed as a remedial act
191	and shall be liberally construed to promote the purpose for
192	which it is intended.
193	Section 6.  Chapters 80-572, 82-358, and 2005-295, Laws of
194	Florida, are repealed.
195	Section 7.  To the extent not inconsistent with general
196	law, all agreements, obligations, resolutions, and policies of
197	the Pine Tree Water Control District now in effect shall remain
198	in effect until amended, revised, or repealed by the board of
199	supervisors.
200	Section 8.  This act shall take effect upon becoming a law.

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