House Bill 1619

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    Florida House of Representatives - 1999                HB 1619

        By Representative C. Green






  1                      A bill to be entitled

  2         An act relating to the County Line Drainage

  3         District, Lee County; amending chapter 67-723,

  4         Laws of Florida, as amended; setting out the

  5         boundaries of the district; providing powers,

  6         duties, and functions of the district and of

  7         its board of supervisors; providing for

  8         election of board members; providing for

  9         severability; providing for construction in

10         cases of conflict; providing an effective date.

11

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

13

14         Section 1.  Chapter 67-723, Laws of Florida, as amended

15  by chapters 81-408 and 86-417, Florida Statutes, is amended to

16  read:

17         (Substantial rewording of chapter. See chapter 67-723,

18         Laws of Florida, as amended, for present text.)

19         Section 1.  Intent.--Pursuant to section 189.429,

20  Florida Statutes, this act constitutes the codification of all

21  special acts relating to the County Line Drainage District. It

22  is the intent of the Legislature in enacting this law to

23  provide a single, comprehensive special-act charter for the

24  district which includes all current legislative authority

25  granted to the district by its several legislative enactments

26  and any additional authority granted by this act.

27         Section 2.  Codification.--Chapter 67-723, Laws of

28  Florida; chapter 81-408, Laws of Florida; and chapter 86-417,

29  Laws of Florida; relating to the County Line Drainage

30  District, are codified, reenacted, and amended as provided in

31  this act.

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  1         Section 3.  District formation ratified, restated, and

  2  approved.--The decree of the circuit court in and for the

  3  twelfth judicial circuit, Lee County, Florida, entered in

  4  civil case no. 67-72 with respect to County Line Drainage

  5  District, a public corporation of this state, and all

  6  subsequent proceedings taken in that court concerning the

  7  district, including provisions setting and extending the

  8  boundaries of such water control district, are ratified,

  9  confirmed, and approved and established as the boundaries of

10  the County Line Drainage District.

11         Section 4.  Status and boundaries of the

12  district.--County Line Drainage District is declared to be an

13  independent water control district and a public corporation of

14  the state pursuant to chapter 298, Florida Statutes, as it may

15  be amended from time to time, having the following boundaries

16  in Lee County:

17         In Township 43 South, Range 27 East: Sections

18         1, 2, 3, and 12; that part of Section 11 which

19         lies easterly of a line 1,720 feet (as measured

20         on the perpendicular) easterly of the West line

21         of Section 11; that part of Section 14 lying

22         north of the South 3,160 feet of Section 14;

23         and the North three-quarters of Section 13,

24         excepting from all the lands described in this

25         section, a parcel of land in Section 13,

26         Township 43 South, Range 27 East being more

27         specifically described as follows:

28

29         From a 4"x4" concrete monument marking the

30         Northwest corner of Section 13, bear south

31         0°13'15" east along the West line of Section 13

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    Florida House of Representatives - 1999                HB 1619

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  1         a distance of 2,124.00 feet to the point of

  2         beginning; thence run south 89°36'20" east

  3         parallel to the South line of Section 13 a

  4         distance of 1,800 feet; thence south 0°13'15"

  5         east parallel to the West line of Section 13 a

  6         distance of 2,360.11 feet; thence north

  7         89°36'20" west a distance of 562.68 feet;

  8         thence north 0°05'00" west a distance of 524.79

  9         feet to an intersection thereof with the North

10         line of the South  1/2  of the Southwest  1/4

11         of Section 13; thence north 89°47'12" west

12         along the North line to the West line of

13         Section 13, Township 43 South, Range 27 East;

14         thence northerly along the West line of Section

15         13 to the point of beginning.

16

17         Together with Tract 9 and Tract 10 of Official

18         Record Book 2229, Page 891 (FCC Management

19         Company) being described as follows:

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21         Tract 9: The South  1/2  of the East  1/7  of

22         the West  7/17  of the South  1/4  of Section

23         13, Township 43 South, Range 27 East; and

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25         Tract 10: That portion of the South  2/3  of

26         the East  1/2  of the East  1/6  of the West

27         6/17  of the South  1/4  of Section 13,

28         Township 43 South, Range 27 East, lying south

29         of the drainage ditch.

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    Florida House of Representatives - 1999                HB 1619

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  1         And also together with Parcel I and Parcel II

  2         of Official Record Book 2415, Page 2563 (FCC

  3         Management Company) being described as follows:

  4

  5         Parcel I: That part of the West 60 feet of the

  6         East  1/8  of the West  8/17  of the South  1/4

  7          of Section 13, Township 43 South, Range 27

  8         East, lying south of the creek; and

  9

10         Parcel II: The Southeast  1/4  of the Southwest

11          1/4  of Section 13, Township 43 South, Range

12         27 East, Tropical River Groves, more

13         particularly described as follows:

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15         Beginning at the Southwest corner of Section

16         13, thence run north 90°00'00" east along the

17         southerly line of Section 13 (such southerly

18         line being also the centerline of State Road

19         No. 78) for 1,717.71 feet, thence run north for

20         33.00 feet to a point on the northerly

21         right-of-way line of State Road No. 78 and the

22         point of beginning of the lands herein

23         described. From the point of beginning run

24         north 90°00'00" west along such northerly

25         right-of-way line for 191.53 feet; thence run

26         north 2°51'45" east for 116.20 feet; thence run

27         north 18°47'54" east for 123.32 feet; thence

28         run north 21°18'45" east for 184.13 feet;

29         thence run north 42°16'54" east for 112.81

30         feet; thence run south 0°22'20" east for 487.81

31         feet to the point of beginning.

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  1

  2         And also together with Official Record Book

  3         1934, Page 579 (County Line Drainage District)

  4         being described as follows:

  5

  6         The east one-half (E  1/2 ) of the Southeast

  7         quarter (SE  1/4 ) of the Southeast quarter (SE

  8          1/4 ) of the Southeast quarter (SE  1/4 ) of

  9         Section 15, Township 43 South, Range 27 East.

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11         And also together with Official Record Book

12         2121, Page 2508 (County Line Drainage District)

13         being described as follows:

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15         A tract of land lying in the Southeast  1/4  of

16         Section 15, Township 43 South, Range 27 East,

17         being more particularly described as follows:

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19         Commencing at the Southeast corner of Section

20         15; thence run north 00°11'01" east (basis of

21         bearings is assumed), along the East line of

22         Section 15 a distance of 640.86 feet to the

23         Southeast corner of the Northeast  1/4 ,

24         Southeast  1/4 , Southeast  1/4  of Section 15,

25         and the point of beginning of the lands herein

26         described:

27

28         Thence continue north 00°11'18" east along said

29         East line a distance of 751.04 feet; thence

30         north 89°36'22" west a distance of 135.00 feet;

31         thence south 00°11'18" west a distance of

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  1         752.65 feet to the South line of the Northeast

  2         1/4 , Southeast  1/4 , Southeast  1/4  of

  3         Section 15; thence north 89°42'46" east along

  4         the South line of such fraction a distance of

  5         135.00 feet to the point of beginning.

  6

  7         And also together with part of Official Record

  8         Book 2515, Page 3593 (Winding Brook

  9         Corporation) being described as follows:

10

11         That portion of the South one-quarter ( 1/4 )

12         of Section 13 lying northerly of the creek and

13         easterly of the following described line:

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15         From a 4"x4" concrete monument marking the

16         Northwest corner of Section 13, bear south

17         0°13'15" east along the West line of Section 13

18         a distance of 2,124.00 feet; thence run south

19         89°36'20" east parallel to the South line of

20         Section 13 a distance of 1,800.00 feet to the

21         point of beginning of the above referenced

22         line; thence south 0°13'15" east parallel to

23         the West line of Section 13 to the intersection

24         with the aforesaid creek.

25         Section 5.  Minimum Charter Requirements.--In

26  accordance with section 189.404(3), Florida Statutes, the

27  following subsections constitute the charter of the County

28  Line Drainage District:

29         (a)  The district is organized and exists for all

30  purposes set forth in this act and chapter 298, Florida

31  Statutes, as they may be amended from time to time.

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  1         (b)  The powers, functions, and duties of the district

  2  regarding ad valorem taxation, bond issuance, other

  3  revenue-raising capabilities, budget preparation and approval,

  4  liens and foreclosure of liens, use of tax deeds and tax

  5  certificates as appropriate for non-ad valorem assessments,

  6  and contractual agreements shall be as set forth in chapters

  7  170, 189, 197, and 298, Florida Statutes, or any other

  8  applicable general or special law, as they may be amended from

  9  time to time.

10         (c)  The district was created by judicial decree in Lee

11  County Circuit Court Civil Case No. 67-72 and confirmed by

12  special act of the Legislature by chapter 67-723, Laws of

13  Florida, in accordance with chapter 298, Florida Statutes.

14         (d)  The district's charter may be amended only by

15  special act of the Legislature.

16         (e)  In accordance with chapter 189, Florida Statutes,

17  this act, and section 298.11, Florida Statutes, the district

18  is governed by a three-member board of supervisors elected on

19  a 1-acre, one-vote basis by the landowners in the district.

20  The membership and organization of the board shall be as set

21  forth in this act and chapter 298, Florida Statutes, as they

22  may be amended from time to time.

23         (f)  The compensation of board members shall be

24  governed by this act and chapter 298, Florida Statutes, as

25  they may be amended from time to time.

26         (g)  The administrative duties of the board of

27  supervisors shall be as set forth in this act and chapter 298,

28  Florida Statutes, as they may be amended from time to time.

29         (h)  Requirements for financial disclosure, meeting

30  notices, reporting, public records maintenance, and per diem

31  expenses for officers and employees shall be as set forth in

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    Florida House of Representatives - 1999                HB 1619

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  1  chapters 112, 189, 286, and 298, Florida Statutes, as they may

  2  be amended from time to time.

  3         (i)  The procedures and requirements governing the

  4  issuance of bonds, notes, and other evidence of indebtedness

  5  by the district shall be as set forth in chapter 298, Florida

  6  Statutes, and other applicable general laws, as they may be

  7  amended from time to time.

  8         (j)  The procedures for conducting district elections

  9  and for qualification of electors shall be pursuant to this

10  act and chapters 189 and 298, Florida Statutes, as they may be

11  amended from time to time.

12         (k)  The district may be financed by any method

13  established in this act, chapter 298, Florida Statutes, and

14  applicable general laws, as they may be amended from time to

15  time.

16         (l)  The methods for collecting non-ad valorem

17  assessments, fees, or service charges shall be as set forth in

18  chapters 197 and 298, Florida Statutes, and other applicable

19  general laws, as they may be amended from time to time.

20         (m)  The district's planning requirements shall be as

21  set forth in chapters 189 and 298, Florida Statutes, as they

22  may be amended from time to time.

23         (n)  The district's geographic boundary limitations are

24  set forth in section 4.

25         Section 6.  Board of supervisors;

26  qualifications.--Pursuant to section 298.76(3), Florida

27  Statutes, if no owner of property within the district who is

28  also a resident of Lee County as required by section

29  298.11(1), Florida Statutes, qualifies for election to the

30  district board of supervisors at an annual landowners'

31  meeting, then any owner of land within the district who is

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  1  also an elector of the state may qualify and stand for

  2  election for the district board of supervisors.

  3         Section 7.  If any provision of this act or the

  4  application thereof to any person or circumstance is held

  5  invalid, the invalidity does not affect other provisions or

  6  applications of the act which can be given effect without the

  7  invalid provision or application, and to this end the

  8  provisions of this act are declared severable.

  9         Section 8.  Effect of conflict.--In the event of a

10  conflict between the provisions of this act and the provisions

11  of any other act, the provisions of this act shall control to

12  the extent of such conflict.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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