Senate Bill 2718
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 (NP) SB 2718
By Senator McKay
26-1276-99 See HB
1 A bill to be entitled
2 An act relating to Joshua Water Control
3 District, a special tax district in DeSoto
4 County, Florida; providing for codification of
5 special acts relating to Joshua Water Control
6 District; providing legislative intent, and
7 codifying and reenacting provisions of chapter
8 69-1010, Laws of Florida; chapter 79-448, Laws
9 of Florida; chapter 82-287, Laws of Florida;
10 and chapter 90-497, Laws of Florida; providing
11 for applicability of chapter 298, Florida
12 Statutes, and other general laws; providing a
13 district charter; providing for repeal of prior
14 special acts related to the Joshua Water
15 Control District; providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Intent.--Pursuant to Section 189.429,
20 Florida Statutes (1997), this act constitutes the codification
21 of all special acts relating to the Joshua Water Control
22 District. It is the intent of the Legislature in enacting this
23 law to provide a single, comprehensive special act charter for
24 the district including 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 69-1010, Laws of
28 Florida; chapter 79-448, Laws of Florida; chapter 82-287, Laws
29 of Florida; and chapter 90-497, Laws of Florida; relating to
30 the Joshua Water Control District, are codified, reenacted,
31 amended and repealed as herein provided.
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Florida Senate - 1999 (NP) SB 2718
26-1276-99 See HB
1 Section 3. (1) For the purpose of comprehensive water
2 management and control pursuant to Chapter 298, Florida
3 Statutes, as it may be amended from time to time, a water
4 control district is hereby established to be known as "Joshua
5 Water Control District", the territorial boundaries of which
6 shall be as follows:
7 Sections 1, 12, 13, 24, 25, and 36 together with
8 drainage easements held by Joshua water control district in
9 Sections 2 and 11 in Township 37 South, Range 26 East; and
10 Sections 1 through 32 in Township 37 South, Range 27 East; and
11 the North 1/2 of the NE 1/4 of Section 36 together with
12 drainage easements held by Joshua Water Control District in
13 Sections 33, 34, 35, and 36 in Township 37 South, Range 27
14 East.
15 (2) All lands within the Joshua Water Control District
16 shall be divided into two subdistricts to be entitled
17 subdistrict A and subdistrict B.
18 (a) The boundaries of subdistrict A shall
19 be: Sections 1, 12, 13, 24, 25 and 36 together with drainage
20 easements held by Joshua Water Control District in Sections 2
21 and 11 in Township 37 South, Range 26 East; and Sections 1
22 through 30 in Township 37 South, Range 27 East; and the North
23 1/2 of the NE 1/4 of Section 36 together with drainage
24 easements held by Joshua Water Control District in Sections
25 33, 34, 35, and 36 in Township 37 South, Range 27 East.
26 (b) The boundaries of subdistrict B shall
27 be: Sections 31 and 32, Township 37 South, Range 27 East.
28 Section 4. The circuit court in and for DeSoto County,
29 Florida, in a proceeding under chapter 298, has entered a
30 judgment creating Joshua Water Control District. The judgment
31 heretofore entered by said circuit court and all subsequent
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Florida Senate - 1999 (NP) SB 2718
26-1276-99 See HB
1 proceedings taken in said circuit court covering said
2 district, including provisions setting and extending the
3 boundaries of said Joshua Water Control District, are
4 ratified, confirmed and approved and established as the
5 boundaries of said Joshua Water Control District. The
6 provisions of this act shall apply to such extended boundaries
7 as though the same had been described herein. In addition, and
8 not in limitation of the powers and authorities of the
9 district under chapter 298, Florida Statutes, and amendments
10 thereto, the district shall have the following powers: To
11 adopt a water control plan and to own, acquire, construct,
12 reconstruct, equip, operate, maintain, extend and improve
13 canals, ditches, drains, dikes, levies, pumps, plants and
14 plumbing systems and other works for drainage purposes, and
15 irrigation works, machinery and plants, to own, acquire,
16 construct, reconstruct, equip, maintain, operate, extend and
17 improve water and flood control facilities, road, to regulate
18 the supply and level of water within the district; and to take
19 all measures determined by the board of supervisors to be
20 necessary or desirable to prevent or alleviate land erosion
21 and to provide for the irrigation of crops growing upon the
22 land.
23 Section 5. Status of district.--Joshua Water Control
24 District is hereby declared to be an independent water control
25 district and a public corporation of the State of Florida
26 pursuant to Chapter 298, Florida Statutes, as it may be
27 amended from time to time.
28 Section 6. Board of Supervisors.--The provision of
29 section 298.11, Florida Statutes, requiring that the members
30 of the board of supervisors be residents of DeSoto County,
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Florida Senate - 1999 (NP) SB 2718
26-1276-99 See HB
1 shall not be applicable to said district. The members of the
2 board of supervisors shall reside within the State of Florida.
3 Section 7. Charter Requirements.--In accordance with
4 section 189.404(3), Florida Statutes, the following
5 subsections shall constitute the charter of the Joshua Water
6 Control District:
7 (a) The district is organized and exists for all
8 purposes set forth in this act and chapter 298, Florida
9 Statutes, as they may be amended from time to time.
10 (b) The powers, functions, and duties of the district
11 regarding ad valorem taxation, bond issuance, other
12 revenue-raising capabilities, budget preparation and approval,
13 liens and foreclosure of liens, use of tax deeds and tax
14 certificates as appropriate for non-ad valorem assessments,
15 and contractual agreements shall be as set forth in chapters
16 170, 189, 197, and 298, Florida Statutes, or any other
17 applicable general or special law, as they may be amended from
18 time to time.
19 (c) The district was created by judicial decree and
20 confirmed by special act of the Florida Legislature by chapter
21 69-1010, Laws of Florida, in accordance with chapter 298,
22 Florida Statutes.
23 (d) The district's charter may be amended only by
24 special act of the Legislature.
25 (e) In accordance with chapter 189, Florida Statutes,
26 this act, and section 298.11, Florida Statutes, the district
27 is governed by a three-member board, elected on a one-acre,
28 one-vote basis by the landowners in the district. The
29 membership and organization of the board shall be as set forth
30 in this act and chapter 298, Florida Statutes, as they may be
31 amended from time to time.
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Florida Senate - 1999 (NP) SB 2718
26-1276-99 See HB
1 (f) The compensation of board members shall be
2 governed by this act and chapter 298, Florida Statutes, as
3 they may be amended from time to time.
4 (g) The administrative duties of the Board of
5 Supervisors shall be as set forth in this act and chapter 298,
6 Florida Statutes, as they may be amended from time to time.
7 (h) Requirements for financial disclosure, meeting
8 notices, reporting, public records maintenance, and per diem
9 expenses for officers and employees shall be as set forth in
10 chapters 112, 189, 286, and 298, Florida Statutes, as they may
11 be amended from time to time.
12 (i) The procedures and requirements governing the
13 issuance of bonds, notes, and other evidence of indebtedness
14 by the district shall be as set forth in chapter 298, Florida
15 Statutes, and applicable general laws, as they may be amended
16 from time to time.
17 (j) The procedures for conducting district elections
18 and for qualification of electors shall be pursuant to this
19 act and chapters 189 and 298, Florida Statutes, as they may be
20 amended from time to time.
21 (k) The district may be financed by any method
22 established in this act, chapter 298, Florida Statutes, and
23 applicable general laws, as they may be amended from time to
24 time.
25 (l) The methods for collecting non-ad valorem
26 assessments, fees, or service charges shall be as set forth in
27 chapters 197 and 298, Florida Statutes, and other applicable
28 general laws, as they may be amended from time to time.
29 (m) The district's planning requirements shall be as
30 set forth in chapters 189 and 298, Florida Statutes, as they
31 may be amended from time to time.
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Florida Senate - 1999 (NP) SB 2718
26-1276-99 See HB
1 (n) The district's geographic boundary limitations
2 shall be as set forth in this act.
3 Section 8. Severability.--In case any one or more of
4 the sections or provisions of this act or the application of
5 such sections or provisions to any situation, circumstances,
6 or persons shall for any reason be held to be
7 unconstitutional, such unconstitutionality shall not affect
8 any of the other sections or provisions of this act or the
9 application of such sections or provisions to any other
10 situation, circumstances, or persons and it is intended that
11 this law shall be construed and applied as if such section or
12 provision had not been included herein for any
13 unconstitutional application.
14 Section 9. Effect of conflict.--In the event of a
15 conflict between the provisions of this act and the provisions
16 of any other act, the provisions of this act shall control to
17 the extent of such conflict.
18 Section 10. Repeal of Prior Special Acts.--Chapter
19 69-1010, Laws of Florida, chapter 79-448, Laws of Florida,
20 chapter 82-287, Laws of Florida, and chapter 90-497, Laws of
21 Florida, will be repealed 10 days after the effective date of
22 this act.
23 Section 11. This act shall take effect upon becoming a
24 law.
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