House Bill 1683
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    Florida House of Representatives - 2000                HB 1683
        By Representative Spratt
  1                      A bill to be entitled
  2         An act relating to the Collins Slough Water
  3         Control District, Hendry County; providing for
  4         codification of special laws relating to the
  5         Collins Slough Water Control District, a
  6         special tax district of the State of Florida
  7         composed of the County of Hendry; providing
  8         legislative intent; codifying and reenacting
  9         chapter 86-393, Laws of Florida; providing for
10         minimum charter requirements; providing for
11         repeal of all prior special acts related to the
12         Collins Slough Water Control District;
13         providing an effective date.
14
15  Be It Enacted by the Legislature of the State of Florida:
16
17         Section 1.  Intent.--Pursuant to section 189.429,
18  Florida Statutes, this act constitutes the codification of all
19  special acts relating to the Collins Slough Water Control
20  District, an independent special district and political
21  subdivision of the State of Florida.  It is the intent of the
22  Legislature in enacting this law to provide a single,
23  comprehensive special act charter for the District, including
24  all current legislative authority granted to the District by
25  its several legislative enactments and any additional
26  authority granted by this act.  It is further the intent of
27  this act to preserve all District authority.
28         Section 2.  Codification.--Chapter 86-393, Laws of
29  Florida, relating to the Collins Slough Water Control District
30  of Florida, is codified, reenacted, amended, and repealed as
31  herein provided.
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  1         Section 3.  The Collins Slough Water Control District
  2  is re-created and the charter for such district is re-created
  3  and reenacted to read:
  4         Section 1.  (1)  The District is organized and exists
  5  for all purposes set forth in this act and chapter 298,
  6  Florida Statutes, as they may be amended from time to time.
  7         (2)  The powers, functions, and duties of the District
  8  regarding non-ad valorem assessments, bond issuance, other
  9  revenue-raising capabilities, budget preparation and approval,
10  liens and foreclosure of liens, use of tax deeds and tax
11  certificates as appropriate for non-ad valorem assessments,
12  and contractual agreements shall be as set forth in chapters
13  189, 197, and 298, Florida Statutes, this act, or any other
14  applicable general or special law, as they may be amended from
15  time to time.
16         (3)  The District was created by chapter 86-393, Laws
17  of Florida, a special legislative act.
18         (4)  The District's charter may be amended only by
19  special act of the Legislature.
20         (5)  In accordance with chapter 298, Florida Statutes,
21  the District is governed by a Board of Supervisors. The
22  membership and organization of the Board shall be as set forth
23  in this act and chapter 298, Florida Statutes, as they may be
24  amended from time to time.
25         (6)  The compensation of Board members shall be
26  governed by this act and chapter 298, Florida Statutes, as
27  they may be amended from time to time.
28         (7)  The administrative duties of the Board shall be as
29  set forth in this act and chapter 298, Florida Statutes, as
30  they may be amended from time to time.
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  1         (8)  Requirements for financial disclosure, meeting
  2  notices, reporting, public records maintenance, and per diem
  3  expenses for officers and employees shall be as set forth in
  4  chapters 112, 189, 286, and 298, Florida Statutes, as they may
  5  be amended from time to time.
  6         (9)  The procedures and requirements governing the
  7  issuance of bonds, notes, and other evidence of indebtedness
  8  by the District shall be as set forth in chapters 189 and 298,
  9  Florida Statutes, and applicable general laws, as they may be
10  amended from time to time.
11         (10)  The procedures for conducting District elections
12  and for qualification of electors shall be pursuant to
13  chapters 189 and 298, Florida Statutes, and applicable general
14  laws as they may be amended from time to time.
15         (11)  The District may be financed by any method
16  established in this act, chapters 189 and 298, Florida
17  Statutes, or any applicable general laws, as they may be
18  amended from time to time.
19         (12)  In accordance with chapter 298, Florida Statutes,
20  the District may continue to levy upon all of the real taxable
21  property in the District a special tax each year as
22  maintenance tax.
23         (13)  The method for collecting non-ad valorem
24  assessments, fees, or service charges shall be as set forth in
25  chapters 197 and 298, Florida Statutes, as they may be amended
26  from time to time.
27         (14)  The District's planning requirements shall be as
28  set forth in chapters 189 and 298, Florida Statutes, as they
29  may be amended from time to time.
30         (15)  All acts and proceedings done and performed by
31  the Board of Supervisors, agents, and officers of the
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  1  District, acting for and on behalf of the District, are and
  2  each of them is, hereby ratified, validated, confirmed, and
  3  declared to be legal, valid, and binding.
  4         (16)  The geographic boundary limitations are as set
  5  forth in section 2.
  6         Section 2.  District creation and boundaries.--For the
  7  purposes of comprehensive water management and control and
  8  developing the land hereinafter described and managing said
  9  lands and water by means of the construction and maintenance
10  of canals, ditches, levees, dikes, pumping plants, and other
11  water control works and improvements, and for the purpose of
12  making the lands within said District available and habitable
13  for settlement and agriculture, and the public convenience,
14  welfare, utility, and benefit, and for the other purposes
15  stated in this act, a water control District is hereby created
16  and established in Hendry County, Florida, to be known as the
17  Collins Slough Water Control District, the territorial
18  boundaries of which shall be as follows, to wit:
19
20         All of Sections 1, 2, 3, 10, 11, 12, 13, 14,
21         and 15, Township 44 South, Range 30 East,
22         Hendry County, Florida.
23
24         All of Sections 4, 5, 6, 7, 8, 9, 16, 17, 18,
25         20, 21, 28, 29, 32, and 33, Township 44 South,
26         Range 31 East, Hendry County, Florida.
27
28         Consisting of 15,360 acres more or less.
29
30  It is hereby determined, declared, and enacted that said lands
31  in their present condition require comprehensive water control
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  1  and management for proper agricultural use, and that water
  2  control for the purpose of irrigation, reclamation, and flood
  3  protection of said lands, making said lands available for
  4  agricultural and settlement purposes, and the creation of the
  5  District with the power vested in it by this act, is in the
  6  interest of and conducive to public welfare, health, and
  7  convenience.
  8         Section 3.  Provisions of other laws made
  9  applicable.--The Collins Slough Water Control District hereby
10  created shall be a public corporation of this state.  The
11  provisions of Florida law applicable to water control
12  districts or subdistricts which are embodied in chapter 298,
13  Florida Statutes, and all of the laws amendatory thereof, now
14  existing or hereafter enacted, so far as not inconsistent with
15  this act, are hereby declared to be applicable to the Collins
16  Slough Water Control District.  The Collins Slough Water
17  Control District shall have all of the powers and authorities
18  conferred by chapter 298, Florida Statutes, and acts
19  amendatory thereof, except as herein otherwise provided.
20         Section 4.  Powers of the District.--The District shall
21  have the power to sue and be sued in its name in any court of
22  law or in equity, to make contracts, to adopt and use a
23  corporate seal and to alter the same at pleasure; to acquire
24  by purchase, gift, or condemnation real and personal property,
25  either or both, within or without the District, and to convey
26  and dispose of such real and personal property, either or
27  both, as may be necessary or convenient to carry out the
28  purposes, or any of the purposes, of this act, and chapter
29  298, Florida Statutes; to construct, operate, and maintain
30  canals, ditches, drains, levees, and other works for water
31  control purposes; to acquire, purchase, operate, and maintain
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  1  pumps, plants, and pumping systems for water control purposes;
  2  to construct, operate, and maintain irrigation works,
  3  machinery, and plants; to borrow money and issue negotiable or
  4  other bonds of the District as hereinafter provided; to borrow
  5  money, from time to time, and issue negotiable or other notes
  6  of the District therefor, in anticipation of the collection of
  7  taxes, levies, and assessments or revenues of the District,
  8  and to pledge or hypothecate such taxes, levies, assessments,
  9  and revenues to secure such bonds, notes, or obligations, and
10  to sell, discount, negotiate, and dispose of the same; and to
11  exercise all other powers necessary, convenient, or proper in
12  connection with any of the powers or duties of the District
13  stated in this act. The powers and duties of the District
14  shall be exercised by and through the Board of Supervisors
15  thereof, which Board shall have the authority to employ
16  engineers, attorneys, agents, employees, and representatives
17  as the Board of Supervisors may from time to time determine,
18  and to fix their compensation and duties. In addition, the
19  District shall have all of the powers provided for in chapter
20  298, Florida Statutes.
21         Section 5.  Board of Supervisors; appointment of first
22  Board; organization, powers, duties, and terms of
23  office.--There is created a Board of Supervisors of Collins
24  Slough Water Control District, which shall be the governing
25  body of the District. The Board of Supervisors shall consist
26  of three persons, who, except as herein otherwise provided,
27  shall hold office for a term of 3 years and until their
28  successors shall be duly elected and qualified. Each year
29  during the month of June, a Supervisor shall be elected, as
30  hereinafter provided, by the landowners of said District to
31  take the place of the retiring Supervisor.  All vacancies or
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  1  expirations on the Board shall be filled as required by this
  2  act.  The Supervisors of the Collins Slough Water Control
  3  District need not be residents of the District or of the State
  4  of Florida, and they may or may not be owners of lands or
  5  property within the District. In case of a vacancy in the
  6  office of any Supervisor, the remaining Supervisors may fill
  7  such vacancy until the next annual meeting of the landowners,
  8  when his or her successor shall be elected by the landowners
  9  for the unexpired term.  As soon as practicable after their
10  election, the Board of Supervisors of the District shall
11  organize by choosing one of their number President of the
12  Board of Supervisors and by electing some suitable person
13  Secretary, who may or may not be a member of the Board. The
14  Board of Supervisors shall adopt a seal which shall be the
15  seal of the District.  At each annual meeting of the
16  landowners of the District, the Board of Supervisors shall
17  report all work undertaken or completed during the preceding
18  year and the financial status of the District. All Supervisors
19  shall hold office until their successors shall be elected and
20  qualified. Whenever any election is authorized or required by
21  this act to be held by the landowners at any particular or
22  stated time or day, and if for any reason such election shall
23  not or cannot be held at such time or on such day, then in
24  such event and in all and every such event, the power or duty
25  to hold such election shall not cease or lapse, but such
26  election shall be held thereafter as soon as practicable and
27  consistent with this act.
28         Section 6.  Compensation of Board.--Each Supervisor
29  shall be paid a per diem for his or her services, in an amount
30  to be determined by the landowners at the annual landowners'
31  meeting, for each day actually engaged in work pertaining to
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  1  the District. The amount shall not exceed that provided for by
  2  chapter 298, Florida Statutes, and amendments thereto, except
  3  that, in addition to per diem, they shall receive
  4  reimbursement for travel and expenses as provided by law.
  5         Section 7.  Meetings of landowners; election of
  6  Supervisors.--Each year during the month of June, a meeting of
  7  the landowners of said District shall be held for the purpose
  8  of electing a Supervisor to take the place of the retiring
  9  Supervisor and of hearing reports of the Board of Supervisors.
10  The Board of Supervisors shall have the power to call special
11  meetings of the landowners at any time to receive reports of
12  the Board of Supervisors or consider and act upon any matter
13  upon which the Board of Supervisors may require advice. Notice
14  of all meetings of the landowners shall be given by the Board
15  of Supervisors pursuant to chapters 189 and 298, Florida
16  Statutes. The landowners, when assembled for the annual
17  landowners' meeting, shall organize by electing a chair who
18  shall preside at the meeting. The Secretary of the Board of
19  Supervisors shall be the Secretary of such meeting. At all
20  such annual landowners' meetings, each and every acre of land
21  in the District shall represent one vote, and each owner shall
22  be entitled to one vote in person or by written proxy for
23  every acre of land owned by him or her in the District. The
24  person receiving the highest number of votes for Supervisor
25  shall be declared and elected as such Supervisor. At any
26  landowners' meeting, a quorum shall constitute those
27  landowners present in person or by proxy. Guardians may
28  represent their wards; personal representatives may represent
29  the estates of deceased persons; trustees may represent lands
30  held by them in trust; and private corporations may be
31  represented by their officers or duly authorized agents.
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  1  Guardians, personal representatives, trustees, and
  2  corporations may vote by proxy.
  3         Section 8.  Taxes levied and apportioned, and the
  4  collection thereof.--
  5         (1)  INSTALLMENT TAXES.--Taxes shall be levied and
  6  apportioned as provided by chapter 298, Florida Statutes, and
  7  amendments thereto.
  8         (2)  MAINTENANCE TAX.--To maintain and preserve
  9  improvements made pursuant to this chapter and to repair and
10  restore the same, and for the purpose of defraying the current
11  expenses of the District, the Board of Supervisors may,
12  pursuant to chapter 298, Florida Statutes, upon the completion
13  of said improvements, in whole or in part as may be certified
14  to the said Board by the Chief Engineer, levy annually a tax
15  upon each tract or parcel of land within the District, to be
16  known as a "maintenance tax." Said maintenance tax shall be
17  apportioned upon the basis of the net assessments of benefits
18  assessed or accruing for original construction.
19         (3)  TAXES AND COSTS A LIEN ON LAND AGAINST WHICH TAXES
20  LEVIED.--All taxes provided for in this chapter, together with
21  all penalties for default in payment of the same and all costs
22  in collecting the same, shall, from the date of assessment
23  thereof until paid, constitute a lien of equal dignity with
24  the liens for County taxes, and other taxes of equal dignity
25  with County taxes, upon all the lands against which such taxes
26  shall be levied as is provided in this chapter.
27         (4)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR,
28  AND CLERK OF THE CIRCUIT COURT.--The Property Appraiser, Tax
29  Collector, and Clerk of the Circuit Court of Hendry County
30  shall be entitled to compensation of services performed in
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  1  connection with taxes of said District as provided by chapter
  2  298, Florida Statutes.
  3         (5)  LEVIES OF TAXES ON LAND LESS THAN ONE ACRE.--In
  4  levying and assessing all taxes, each tract or parcel of land
  5  less than 1 acre in area shall be assessed as a full acre, and
  6  each tract or parcel of land more than 1 acre in area which
  7  contains a fraction of an acre shall be assessed at the
  8  nearest whole number of acres, a fraction of one-half or more
  9  to be assessed as a full acre.
10         Section 9.  When unpaid taxes delinquent; penalty.--All
11  taxes provided for in this act shall be and become delinquent
12  and bear penalties on the amount of said taxes in the same
13  manner as County taxes.
14         Section 10.  Enforcement of taxes.--The collection and
15  enforcement of all taxes levied by the District shall be at
16  the same time and in like manner as County taxes, and the
17  provisions of the Florida Statutes relating to the sale of
18  lands for unpaid and delinquent County taxes, the issuance,
19  sale, and delivery of tax certificates for such unpaid and
20  delinquent County taxes, the redemption thereof, the issuance
21  to individuals of tax deeds based thereon, and all other
22  procedures in connection therewith, shall be applicable to the
23  District and the delinquent and unpaid taxes of the District
24  to the same extent as if said statutory provisions were
25  expressly set forth in this act.  All taxes shall be subject
26  to the same discounts as County taxes.
27         Section 11.  Uniform acreage tax for payment of
28  expenses.--There is hereby levied by the Legislature of the
29  State of Florida upon each and every acre of land within the
30  Collins Slough Water Control District, as defined in this act,
31  a uniform tax to be used by the District, through its Board of
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  1  Supervisors, for the purpose of paying expenses incurred or to
  2  be incurred in making surveys of the lands in the District and
  3  assessing benefits and damages, and other expenses necessarily
  4  incurred, as may be estimated or determined by the Board of
  5  Supervisors, before the Board of Supervisors shall have funds
  6  under the subsequent provisions of this act.  The tax shall
  7  become due and payable on the first day of November, and shall
  8  become delinquent 90 days thereafter. The tax shall be a lien
  9  upon the lands in the District from the date of the enactment
10  of this act and shall be collected in the same manner as the
11  annual installment of taxes. If it shall appear to the Board
12  of Supervisors to be necessary to obtain funds to pay any
13  expenses incurred or to be incurred in organizing the
14  District, making said surveys, creation of a unit, or
15  preparing the water control plan, or any other expenses of the
16  conduct and operation of the District before a sufficient sum
17  can be obtained by the collection of the acreage tax levied by
18  this section, the Board of Supervisors may borrow a sufficient
19  sum of money for any said purposes and may issue negotiable
20  notes or bonds therefor signed by the members of said Board of
21  Supervisors, and may pledge any and all assessments of said
22  acreage tax levied under the provisions of this section for
23  the repayment thereof. The Board of Supervisors may issue
24  negotiable evidence of debt to any person or persons
25  performing work or services or furnishing anything of value in
26  the organization of the District or making surveys of the same
27  and assessing benefits or damages or preparing said water
28  control plan and for any other expenses necessarily incurred
29  before the receipt of funds arising from assessments or
30  benefits.
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  1         Section 12.  Bonds may be issued under the provisions
  2  of chapter 298, Florida Statutes.--The Board of Supervisors
  3  may, if in their judgment it seems best, issue bonds under the
  4  provisions of chapter 298, Florida Statutes, bearing interest
  5  from date, after determining any discount thereon, payable
  6  annually or semiannually.
  7         Section 13.  Water control for public benefit.--It is
  8  hereby declared that in said District, surface waters, which
  9  shall include rainfall and the overflow of rivers and streams,
10  shall be managed for a public benefit, and the District and
11  any individual or agency holding a permit to do so from the
12  District shall have the right to dike, dam, and construct
13  levees to manage waters within the District.
14         Section 14.  Unit development; powers of supervisors to
15  designate units of District and adopt system of progressive
16  drainage by units; water control plan and financing
17  assessments, etc., for each unit.--The Board of Supervisors of
18  Collins Slough Water Control District shall have the power and
19  is hereby authorized in its discretion to manage water within
20  the District by designating areas or parts of said District to
21  be called "units."  The units into which said District may be
22  so divided shall be given appropriate numbers or names by the
23  Board of Supervisors so that the units may be readily
24  identified and distinguished. The Board of Supervisors shall
25  have the power to fix and determine the location, area, and
26  boundaries of, and lands to be included in, each and all such
27  units, the order of development thereof, and the method of
28  carrying on the work in each unit. The unit system of water
29  control provided by this section and this act authorized in
30  respect to such unit or units may be carried on and conducted,
31  at the same time as or after implementation of the District
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  1  water control plan. If the Board of Supervisors shall
  2  determine it is advisable to implement the District water
  3  control plan by units, as authorized by this section, the
  4  Board shall, by resolution duly adopted and entered upon its
  5  minutes, declare its purpose to conduct such work accordingly,
  6  and shall at the same time and manner fix the number,
  7  location, and boundaries of and description of lands within
  8  such unit or units and give them appropriate numbers or names.
  9  The Board of Supervisors may adopt a water control plan for
10  and in respect to any or all such units, and to have the
11  benefits and damages resulting therefrom assessed and
12  apportioned by the District engineer, and the engineer's
13  report considered and confirmed, all in like manner as is
14  provided by law in regard to water control plan for and
15  assessments of benefits and damages of the entire District.
16  With respect to the water control plan, notices, engineer's
17  report and notice and confirmation thereof, the levy of
18  assessments and taxes, including maintenance taxes and the
19  issuance of bonds, and all other proceedings as to each and
20  all of such units, said Board shall follow and comply with the
21  same procedure as is provided by law with respect to the
22  entire District. All the provisions of this act shall apply to
23  water management and control within all of such units, and the
24  enumeration of or reference to specific powers or duties of
25  the Supervisors, or any other officers or other matters in
26  this act as hereinabove set forth, shall not limit or restrict
27  the application of any and all of the proceedings and powers
28  herein to such units. All assessments, levies, taxes, bonds,
29  and other obligations made, levied, assessed, or issued for or
30  in respect to any such unit or units shall be a lien and
31  charge solely and only upon the lands in such unit or units,
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  1  respectively, for the benefit of which the same shall be
  2  levied, made, or issued, and not upon the remaining units or
  3  lands in said District. The Board of Supervisors may at any
  4  time amend its resolutions by changing the location and
  5  description of lands in any such unit or units; and provided,
  6  further, that if the location of or description of lands
  7  located in any such unit or units is so changed, proceedings
  8  shall be had and done in that regard as are provided in this
  9  section for the original creation of such unit or units,
10  provided, however, no lands against which benefits shall have
11  been assessed may be detached from any such unit after the
12  confirmation of the engineer's report of benefits in such unit
13  or units or the issuance of bonds or other obligations which
14  are payable from taxes or assessments for benefits levied upon
15  the land within such unit or units. Provided, however, that
16  if, after the confirmation of the engineer's report of
17  benefits in such unit or units, or the issuance of bonds or
18  other obligations which are payable from taxes or assessments
19  for benefits levied upon lands within such unit or units, the
20  Board of Supervisors finds the water control plan for any such
21  unit or units insufficient or inadequate for efficient
22  development, the water control plan may be amended or changed
23  as provided in chapter 298, Florida Statutes, and the unit or
24  units may be amended or changed as provided in this section by
25  changing the location and description of lands in any such
26  unit or units, by detaching lands therefrom, or by adding
27  lands thereto; provided that in such event all assessments,
28  levies, taxes, bonds, and other obligations made, levied,
29  assessed, incurred, or issued for or in respect to any such
30  unit or units may be allocated and apportioned to the amended
31  unit or units in proportion to the benefits assessed by the
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  1  engineer's report for the amended water control plan, and said
  2  report shall specifically provide for such allocation and
  3  apportionment. However, a change or amendment to a designated
  4  unit is not authorized if it has the effect of impairing a
  5  debt or other obligation of the unit or District.
  6         Section 4.  Repeal of prior special acts.--Chapter
  7  86-393, Laws of Florida, is repealed.
  8         Section 5.  Severability.--If any provision of this act
  9  or the application thereof to any person or circumstance is
10  held invalid, the invalidity shall not affect other provisions
11  or applications of the act which can be given effect without
12  the invalid provision or application, and to this end the
13  provisions of this act are declared severable.
14         Section 6.  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 7.  This act shall take effect upon becoming a
19  law.
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