Senate Bill 2664c1
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Florida Senate - 2000 CS for SB 2664
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Geller
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1 A bill to be entitled
2 An act relating to Palm Beach and Hendry
3 Counties; providing for codification of special
4 laws regarding special districts pursuant to
5 chapter 97-255, Laws of Florida, and chapter
6 98-320, Laws of Florida, relating to the Ritta
7 Drainage District, a special tax district of
8 the State of Florida composed of the Counties
9 of Palm Beach and Hendry; providing legislative
10 intent, and codifying and reenacting chapter
11 22882, Laws of Florida, 1945, chapter 61-1641,
12 Laws of Florida, chapter 76-461, Laws of
13 Florida, and chapter 84-500, Laws of Florida;
14 providing for minimum charter requirements;
15 providing for ratification of prior actions;
16 providing for repeal of all prior special acts
17 related to the Ritta Drainage District;
18 providing for severability; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Pursuant to chapters 97-255 and 98-320,
24 Laws of Florida, this act constitutes the codification of all
25 special acts relating to the Ritta Drainage District, an
26 independent special district of the State of Florida. It is
27 the intent of the Legislature in enacting this law to provide
28 a single, comprehensive special act charter for the District,
29 including all current legislative authority granted to the
30 District by its several legislative enactments and any
31 additional authority granted by this act. It is further the
1
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1 intent of this act to preserve all District authority,
2 including the authority to annually assess and levy against
3 the taxable property in the District.
4 Section 2. Chapter 22882, Laws of Florida, 1945, and
5 chapters 61-1641, 76-461, and 84-500, Laws of Florida,
6 relating to the Ritta Drainage District of Florida, are
7 codified, reenacted, amended, and repealed as herein provided.
8 Section 3. The Ritta Drainage District is re-created
9 and the charter for such district is re-created and reenacted
10 to read:
11 Section 1. In accordance with section 189.404(3),
12 Florida Statutes, the following shall constitute the minimum
13 charter requirements of Ritta Drainage District:
14 (1) The District is organized and exists for all
15 purposes set forth in this act and chapter 298, Florida
16 Statutes, as they may be amended from time to time, so far as
17 not inconsistent with this act.
18 (2) The powers, functions, and duties of the District
19 regarding non-ad valorem assessments, bond issuance, other
20 revenue-raising capabilities, budget preparation and approval,
21 liens and foreclosure of liens, use of tax deeds and tax
22 certificates as appropriate for non-ad valorem assessments,
23 and contractual agreements shall be as set forth in chapters
24 189, 197, and 298, Florida Statutes, this act, or any other
25 applicable general or special law, as they may be amended from
26 time to time.
27 (3) The District was created by chapter 22882, Laws of
28 Florida, 1945, a special legislative act.
29 (4) The District's charter may be amended only by
30 special act of the Legislature.
31
2
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1 (5) In accordance with chapter 298, Florida Statutes,
2 the District is governed by a Board of Supervisors. The
3 membership and organization of the Board shall be as set forth
4 in this act and chapter 298, Florida Statutes, as they may be
5 amended from time to time.
6 (6) The compensation of Board members shall be
7 governed by this act and chapter 298, Florida Statutes, as
8 they may be amended from time to time.
9 (7) The administrative duties of the Board shall be as
10 set forth in this act and chapter 298, Florida Statutes, as
11 they may be amended from time to time.
12 (8) Requirements for financial disclosure, meeting
13 notices, reporting, public records maintenance, and per diem
14 expenses for officers and employees shall be as set forth in
15 chapters 112, 189, 286, and 298, Florida Statutes, as they may
16 be amended form time to time.
17 (9) The procedures and requirements governing the
18 issuance of bonds, notes, and other evidence of indebtedness
19 by the District shall be as set forth in chapters 189 and 298,
20 Florida Statutes, and applicable general laws, as they may be
21 amended from time to time.
22 (10) The procedures for conducting District elections
23 and for qualification of electors shall be pursuant to
24 chapters 189 and 298, Florida Statutes, and applicable general
25 laws as they may be amended from time to time.
26 (11) The District may be financed by any method
27 established in this act, chapters 189 and 298, Florida
28 Statutes, or any applicable general laws, as they may be
29 amended from time to time.
30 (12) In accordance with chapter 298, Florida Statutes,
31 the District may continue to levy upon all of the real taxable
3
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1 property in the District a special tax each year as
2 maintenance tax.
3 (13) The method for collecting non-ad valorem
4 assessments, fees, or service charges shall be as set forth in
5 chapters 197 and 298, Florida Statutes, as they may be amended
6 from time to time.
7 (14) The District's planning requirements shall be as
8 set forth in chapters 189 and 298, Florida Statutes, as they
9 may be amended from time to time.
10 (15) The geographic boundary limitations are as set
11 forth in section 2, following.
12 Section 2. For the purpose of draining, reclaiming,
13 and conserving the lands hereinafter described, and protecting
14 the same from the effects of water, or lack of water, for
15 controlling the water in the District and the water tables
16 with respect to the lands therein, for agricultural and
17 sanitary purposes, and for the public health, convenience,
18 welfare, utility, and benefit, a drainage and water control
19 district is hereby established to be known as "RITTA DRAINAGE
20 DISTRICT," the territorial boundaries of which shall be as
21 follows:
22
23 Beginning at the quarter-section corner on the
24 West line of Section 2, Township 44 South,
25 Range 34 East, which point is common to the
26 boundary of the South Florida Conservancy
27 District;
28
29 Thence southerly along the West line of Section
30 2 to the Southwest corner of said Section 2;
31 thence southerly along the West lines of
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1 Sections 11 and 14 to the Southwest corner of
2 Section 14, Township 44 South, Range 34 East;
3
4 Thence easterly along the south lines of
5 Sections 14 and 13, Township 44 South, Range 34
6 East, and along the South lines of Section 18,
7 Township 44 South, Range 35 East, to the
8 southeast corner of said Section 18;
9
10 Thence northerly along the East line of Section
11 18, Township 44 South, Range 35 East, to the
12 Northeast corner of said Section 18;
13
14 Thence easterly along the South line of
15 Sections 8, 9 and 10, Township 44 South, Range
16 35 East, to the South quarter-section corner of
17 said Section 10;
18
19 Thence Southeasterly to a point on the East
20 line of Section 15, Township 44 South, Range 35
21 East, 80 feet South of the Northeast corner of
22 said Section;
23
24 Thence easterly along a line 80 feet South of
25 and parallel to the North line of Section 14,
26 Township 44 South, Range 35 East, to the center
27 line of the Everglades Drainage District's
28 Miami Canal and the boundary of the South
29 Florida Conservancy District;
30
31
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1 Thence northeasterly along the center line of
2 said Miami Canal and the boundary of the South
3 Florida Conservancy District through Sections
4 14, 11 and 2, Township 44 South, Range 35 East,
5 to an intersection with the East and West
6 quarter-section line of Section 2;
7
8 Thence westerly along the East and West
9 quarter-section or center lines of Sections 2,
10 3, 4, 5 and 6, Township 44 South, Range 35
11 East, and the East and West quarter-section
12 lines of Sections 1 and 2, Township 44 South,
13 Range 34 East, which lines are also the
14 boundary of the South Florida Conservancy
15 District, to the point of beginning.
16
17 Section 3. (a) The governing Board of said District
18 shall be designated the "Board of Supervisors of Ritta
19 Drainage District," which shall be composed of three persons
20 who shall be resident freeholders of the State of Florida.
21 (b) A meeting of the landowners of said District shall
22 be held during the month of April each year for the purpose of
23 electing Supervisors of said District and transacting such
24 other business as may properly come before the meeting.
25 Notice of landowners' meetings shall be given by causing
26 publication thereof to be made for 2 successive weeks in some
27 newspaper published in Palm Beach County or Hendry County,
28 Florida, the first publication to be made at least 15 days
29 prior to the date of such meeting. The meeting shall be held
30 at the office of the District in Clewiston, or at such other
31 place as the office of the District may in the future be
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1 located, and the time and place for the holding of such
2 meeting shall be stated in the notice. The landowners, when
3 assembled, shall organize by the election of a Chair and
4 Secretary of said meeting, who shall conduct the election. At
5 such election, each acre of land in the District, except as
6 hereinafter provided, shall represent one share, and each
7 owner shall be entitled to one vote, in person or by proxy, in
8 writing, duly executed, for each acre of land in said District
9 owned by the landowner. A fraction of an acre shall be voted
10 as the same fraction of a vote. Supervisors shall be elected
11 for a period of 3 years and until his or her successor shall
12 be elected or appointed and shall have qualified, such
13 Supervisor to fill the office of the member whose term shall
14 expire on said date.
15 (c) The owners and proxy holders of District acreage
16 who are present at a duly noticed landowners' meeting shall
17 constitute a quorum for the purpose of holding such election
18 or any election thereafter.
19 (d) In the event of a vacancy in any office of
20 Supervisor during the term for which such Supervisor is
21 elected or appointed, the remaining Supervisors, or, if such
22 remaining Supervisors fail to act within 30 days after the
23 date of such vacancy, the Governor of the State of Florida,
24 may fill such vacancy by appointment until the next annual
25 meeting of the landowners of the District as herein provided.
26 Any Supervisor appointed by the remaining Supervisors, or the
27 Governor, shall have the same powers and duties as are hereby
28 conferred upon the members of said Board of Supervisors so
29 elected by the landowners.
30 (e) The Department of Environmental Protection shall
31 designate some person to cast the vote for Supervisors or upon
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1 any matter that may properly come before said meetings to the
2 extent of the acreage owned by the State in said District. At
3 any meeting of landowners, guardians may represent their
4 wards; executors and administrators may represent estates of
5 deceased persons; and trustees and other fiduciaries may
6 represent their beneficiaries, and such representation may be
7 by proxy, and private corporations may be represented by their
8 officers or duly authorized agents; however, lands which are
9 delinquent in the payment of Ritta Drainage District taxes for
10 2 years or more after tax sale shall not be considered as
11 lands entitling anyone to vote in said elections and meetings
12 as owners thereof, and such lands shall not be considered as
13 acreage within the District for the purpose of determining
14 whether a quorum is present.
15 (f) The Supervisors of the District shall be entitled
16 to receive as compensation for their services the same
17 compensation, subject to the same conditions, as is now
18 authorized to be paid by section 298.14, Florida Statutes, to
19 supervisors of districts created under chapter 298, Florida
20 Statutes, and operating under the provisions of said chapter
21 or as said chapter or section 298.14, Florida Statutes, may
22 hereafter be amended.
23 Section 4. The annual meeting of landowners of the
24 Ritta Drainage District and any other meeting of landowners
25 which may be convened shall be held at the office of the
26 District in Clewiston, or at such other place as the office of
27 the District may in the future be located.
28 Section 5. (a) In addition to all of the powers
29 specifically conferred by this Act and such powers as may be
30 incidental to the enumerated powers, the Board of Supervisors
31 of Ritta Drainage District shall have the power to make
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1 contracts; to adopt and use a common seal and alter the same
2 at pleasure; to acquire, hold, and control by condemnation,
3 gift, exchange, purchase, or otherwise any real or personal
4 property, surveyors' notes, or engineering data which may be
5 needed to carry out the provisions of this Act or which may be
6 useful in the accomplishment of any of the purposes for which
7 said District is created, and to sell, lease, or otherwise
8 dispose of any such property; to appoint or employ such
9 agents, engineers, attorneys, and employees as the business of
10 the Board may require; to construct, purchase, operate, and
11 maintain pumping plants and stations, including pumping
12 machinery, motive equipment, and all appurtenant or auxiliary
13 machines, devices, or equipment, and to contract for the
14 construction, operation, and maintenance of the said pumping
15 plants and stations, including the purchase and supply of
16 electric and other power and energy for the operation of the
17 same; to grant permits to owners of land within the District
18 for the installation of water control structures upon such
19 terms and conditions as the Board may determine and to
20 supervise and regulate the operation of same; and to borrow
21 money and issue notes and bonds therefor, as hereinafter
22 provided, in order to enable the said Board to carry out and
23 perform any powers conferred by this Act.
24 (b) The Board of Supervisors is hereby authorized and
25 empowered to establish and construct a system of canals,
26 drains, ditches, levees, dikes, dams, sluices, revetments,
27 locks, reservoirs, holding basins, floodways, pumping
28 stations, and other works and improvements, of such
29 dimensions, depth, and proportion as in the judgment of the
30 Board is advisable to drain, reclaim, and conserve the lands
31 within said District to accomplish any of the purposes for
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1 which said District was created, and to maintain and operate
2 such works in such manner as said Board shall deem most
3 advantageous to the improvement and development of the lands
4 in said District and to accomplish the foregoing objectives;
5 to clean out, straighten, open up, widen, change the course
6 and flow of, alter, or deepen any canal, ditch, drain, river,
7 watercourse, pond, creek, or country stream in said District
8 that said Board may deem necessary to facilitate the drainage,
9 reclamation, conservation, and improvement of the lands in
10 said District, including navigation facilities, making the
11 land within said District available for agricultural purposes,
12 habitation, settlement, and general utilities; to concentrate,
13 divert, or divide the flow of water in or out of said
14 District; to construct or enlarge any bridges that may be
15 needed by the District across any drain, ditch, canal, public
16 highway, railroad right-of-way, tract, grade, fill, or cut; to
17 construct such roadways over levees, embankments, and other
18 works as may be needed by the District.
19 (c) Said Board shall have the power and authority to
20 pump water into or out of the canals, ditches, drains, and
21 other works of the District, or on or from the lands in said
22 District in such amounts as said Board shall determine; to
23 regulate and control the flow of water into and out of said
24 District; to maintain such water tables with respect to the
25 lands in said District as in the judgment of the Board shall
26 be to the best interests of the District and of the landowners
27 therein; and to do or cause to be done or permit others to do
28 all things which may be necessary, desirable, or convenient in
29 order to accomplish any of the foregoing objectives.
30 (d) In maintaining and operating the canals, drains,
31 levees, dikes, dams, locks, reservoirs, pumping stations,
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1 water control structures, and other works and improvements,
2 the Board of Supervisors of the District and its agents and
3 employees shall have the authority at all reasonable times to
4 enter upon the lands adjacent to any of such drainage works in
5 order to transport and use equipment, machinery, and materials
6 necessary to properly maintain, preserve, and operate such
7 drainage works.
8 (e) In addition to the powers herein conferred upon
9 the Board of Supervisors of Ritta Drainage District, said
10 Board shall have and may exercise all of the powers conferred
11 upon the Board of Supervisors of a drainage or water control
12 district created under the provisions of chapter 298, Florida
13 Statutes, and Acts amendatory thereof and supplemental
14 thereto, except such as may be in conflict or inconsistent
15 with the provisions of this Act.
16 (f) Without limiting the generality of the foregoing
17 powers, the Board of Supervisors of said District is
18 specifically authorized to construct or cause to be
19 constructed the following-described water control facilities
20 and public improvements within said District:
21 (1) Boundary Levees.--The lands of the Ritta Drainage
22 District will be protected against the influence of outside
23 waters by boundary levees, to-wit:
24 a. On the North by the existing boundary levee of the
25 South Florida Conservancy District.
26 b. On the East by the construction of a levee along
27 the west right-of-way boundary of the Everglades Drainage
28 District's Miami Canal.
29 c. On the South by the construction of levees along
30 the south boundary lines; namely, by a levee along the south
31 bank of the main canal in Sections 15, 10, 9 and 8 and thence
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1 be a levee along the east and south lines of Section 18 in
2 Township 44 South, Range 35 East; and thence along the south
3 line of Sections 13 and 14 in Township 44 South, Range 34
4 East.
5 d. On the West by the construction of levees along the
6 west boundary of Sections 14, 11 and the south half of Section
7 2, Township 44 South, Range 34 East.
8 (2) Water Control - Pumping Plant.--Water control for
9 the lands confined by these boundary levees will be largely
10 dependent on pumping. Water control will be based on 1 inch
11 of runoff from the reclamation area in 24 hours. This
12 requires a pumping capacity of approximately 190,000 gallons
13 of water per minute. The pumping plant will consist of three
14 pumping units with all pertinent accessories, resting on
15 concrete foundations placed on safe rock footing and the
16 equipment protected by a substantial building. The source of
17 water supply and an outlet for the disposal of water will be
18 secured by a channel connection into the Miami Canal.
19 (3) Water Control - Main Canal.--The water taken in or
20 discharged by the pumping plant will be distributed and
21 collected by means of a main canal and a lateral ditch scheme.
22 The main canal will be located east and west along the south
23 line of Sections 10, 9, 8 and 7, Township 44 South, Range 35
24 East, and of Sections 12 and 11 in Township 44 South, Range 35
25 East.
26 (4) Water Control - Lateral System.--Water for the
27 agricultural use of lands will be delivered or received by a
28 scheme of north and south laterals connecting with the main
29 canal at 1/2-mile intervals.
30 a. Each lateral will serve a specific area of land
31 extending one-quarter mile on both sides of this facility,
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1 thus providing an adequate source of water supply and an
2 outlet for the detailed water requirements of individual
3 farming tracts.
4 b. The Board shall have the power and authority to
5 make such changes therein or additions thereto as shall be
6 necessary in order to adequately drain, reclaim, and conserve
7 the lands in said District, protect the same from the effects
8 of water, or lack of water, and control the water in said
9 District, and the water tables with respect to the lands
10 therein.
11 Section 6. The Board of Supervisors is authorized and
12 empowered to enter into arrangements with other drainage,
13 water control, or water management districts for the pooling
14 of insurance coverage, for the purchase, rental, and use of
15 supplies, equipment, buildings, and facilities, and for
16 services of employees.
17 Section 7. The Board of Supervisors of Ritta Drainage
18 District is authorized and empowered to borrow money for its
19 corporate public purposes and give security therefor at
20 interest rates not to exceed the then-prevailing interest rate
21 at state and federally chartered lending institutions,
22 provided such rates are authorized by general law. Bonds may
23 be issued, either with or without coupons, bearing interest as
24 provided by general law, payable semiannually, each maturing
25 within 30 years from issuance, both principal and interest
26 payable at some convenient banking house or trust company's
27 office, to be named in said bonds. Bonds shall be signed by
28 the President of the Board of Supervisors and attested with
29 the seal of the District and by the signature of the Secretary
30 of the Board. All bonds shall be authorized by resolution of
31 the Board of Supervisors and shall be executed and delivered
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1 to the Treasurer of the District, who shall sell the same in
2 such quantities, on such dates, and on such terms as the Board
3 of Supervisors deems necessary to meet the payments for the
4 restoration work. All bonds shall be sold at public sale and
5 shall be awarded to the bidder offering to purchase such bonds
6 at the lowest net interest rate, which shall be determined by
7 deducting the total amount of premium or adding the total
8 amount of discount bid to the aggregate interest to be paid.
9 Bonds shall not be sold for less than 95 cents on the dollar,
10 with accrued interest, and shall state on their face the
11 purpose for which they are issued and shall be payable out of,
12 and shall constitute a first lien on, the moneys derived from
13 the maintenance tax provided for this Act.
14 Section 8. The Board of Supervisors of Ritta Drainage
15 District is authorized and empowered to borrow money for its
16 corporate public purposes and give security therefor at such
17 rates of interest allowed by law.
18 Section 9. Subject to the limitations herein
19 contained, the said Board is hereby authorized and empowered
20 to exercise the right of eminent domain and may condemn for
21 the use of said District any and all lands, easements,
22 rights-of-way, riparian rights, and other rights of every
23 description, whether owned by private individuals, firms, or
24 corporations or by public or quasi-public corporations,
25 required for the use and purposes of said Board as herein set
26 forth. In the condemnation of property, in pursuance of the
27 power of eminent domain vested in said Board, the provisions
28 of the laws of Florida governing condemnation proceedings
29 instituted by counties, municipalities, or other public bodies
30 are hereby made applicable, and condemnation proceedings may
31 be instituted and prosecuted by the Board under and pursuant
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1 to the provisions of chapter 73 or chapter 74, Florida
2 Statutes. The said Drainage District recognizes the right,
3 title, interest, and claim of Palm Beach County in and to a
4 rock road located along the West bank of the Miami Canal,
5 which road runs from State Road No. 25 southward for
6 approximately 3 miles along said Canal. The said Drainage
7 District shall not destroy said road or the rock road material
8 adjacent thereto, nor shall it move any of said road
9 materials; neither shall it move the County Road rock pile
10 without first obtaining written permission from the County
11 Commission by resolution. The said Drainage District agrees
12 not to interfere, in any way, with the ingress and egress of
13 traffic over said road. In the event the District shall, in
14 its operations, find it necessary to interfere in any way with
15 said road, it shall first obtain written permission to do so
16 and shall provide the necessary bridges and detours so that
17 traffic will be unobstructed for the passage of trucks and
18 vehicles. Before applying for any written permission from the
19 County Commission as set forth herein, the District shall
20 first give public notice once each week for 4 consecutive
21 weeks in a newspaper published in Belle Glade, Florida, and in
22 Clewiston, Florida, of such application, giving in said notice
23 full details as to what it proposes to do. Should the
24 Drainage District, its agents or employees, or its contractors
25 or subcontractors obstruct said road, or fail to keep said
26 road open, and cause loss or damage to Palm Beach County or to
27 any person, firm, partnership, or corporation using said road,
28 or who has been using said road, the District shall be liable
29 in damages therefor, and consent is hereby given by said
30 District to any such suit brought for any such purpose or
31 purposes.
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1 Section 10. The drainage and reclamation work to be
2 constructed in said District shall be upon such locations and
3 shall be constructed in such manners and in accordance with
4 such specifications as the Board of Supervisors of the
5 District may from time to time determine.
6 Section 11. The Board may, in its discretion, let any
7 part or all of the work to be performed within said District
8 by contract, but no contract for an amount in excess of
9 $50,000 shall be let until notice thereof shall have been
10 published not less than once a week for 2 consecutive weeks
11 before the date set for the letting of such contract in a
12 newspaper in Palm Beach County or Hendry County. The work so
13 advertised shall be awarded to the lowest responsible bidder,
14 as may be determined by said Board; however, the Board shall
15 have the right to reject any and all bids and to readvertise,
16 as hereinbefore provided. The Board shall have the right to
17 require a bond with a surety to be approved by the Board in
18 such amount as the Board may determine, conditioned that the
19 contractor will well and truly carry out the contract in
20 accordance with the terms thereof. Nothing in this section
21 shall prevent the Board of Supervisors from undertaking and
22 performing work without a contract and by labor operating
23 under the direction of the Board, its engineer, or its
24 employees.
25 Section 12. For the purpose of paying the cost of
26 administering the affairs of the District generally, and for
27 the purpose of maintaining, operating, preserving, and
28 rendering efficient the ditches, canals, drains, levees,
29 engines, and pumps, and other improvements herein authorized
30 to be constructed, and to repair and restore the same when
31 needed, and for the purpose of defraying current expenses of
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1 the District, the Board is authorized, empowered, and directed
2 to levy and impose upon all of the lands, including lands
3 owned or held by the State of Florida or the Board of Trustees
4 of the Internal Improvement Trust Fund of Florida, lying and
5 being situate within the boundaries of said District, as
6 described in this Act, a tax not to exceed the sum of $30 per
7 acre, per annum, and such tax shall be known and designated as
8 the "Maintenance Tax." It is hereby ascertained, determined,
9 and declared that all of the works or public improvements
10 constructed by or for Ritta Drainage District, pursuant to the
11 provisions of this Act will confer benefits upon the lands
12 within said District in an amount at least equal to the taxes
13 authorized to be levied by the provisions of this Act for
14 subsequent years, and that all lands in said District will be
15 benefited equally by said drainage works and improvements.
16 Section 13. (a) There are hereby established for
17 Ritta Drainage District the following separate and distinct
18 funds:
19 (1) Debt Service Fund, into which shall be paid the
20 proceeds of the Debt Service Taxes authorized to be levied
21 upon the lands within said District for subsequent years by
22 the provisions of this Act.
23 (2) Maintenance Fund, into which shall be paid the
24 proceeds of the Maintenance Taxes authorized to be levied upon
25 the lands within said District for subsequent years by the
26 provisions of this Act.
27 (b) The Board is hereby authorized and empowered to
28 establish from time to time such other funds for the moneys of
29 the District as it may determine to be necessary, advisable,
30 or expedient.
31
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1 (c) Each of the funds created by or pursuant to the
2 provisions of this Act shall be held inviolate and the moneys
3 from time to time in each of such funds shall be used only for
4 the purposes for which said funds, respectively, are required
5 to be devoted in accordance with the provisions of this Act.
6 (d) The Debt Service Fund shall be used for the
7 purposes for which the Debt Service Taxes are authorized by
8 this Act to be levied, and for the maintenance of any reserve
9 or sinking fund which may be established by resolution of the
10 Board for the purpose of paying the principal of and interest
11 on any bonds which may be issued pursuant to the provisions of
12 this Act.
13 (e) The Maintenance Fund shall be used for the
14 purposes for which the Maintenance Taxes are authorized by
15 this Act to be levied.
16 Section 14. (a) The Board of Supervisors of the
17 District shall assemble and organize by choosing one of their
18 number President of the Board and electing some suitable
19 person Secretary of the District who may or may not be a
20 member of the Board of Supervisors. The Board may, in its
21 discretion, require the Secretary to execute a bond in such
22 amount as it may determine for the faithful performance of his
23 or her duties.
24 (b) Two members of the Board of Supervisors shall
25 constitute a quorum. The Board of Supervisors shall, by
26 resolution, fix the time and place for holding regular
27 meetings, but special meetings may be called at any time or
28 place by the President or any two members of the Board of
29 Supervisors. The meeting place of said Board may be either
30 within or without the District.
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1 (c) The Board of Supervisors shall employ some
2 competent person or some Bank or Trust Company as Treasurer of
3 the District. The same person may act as Secretary and
4 Treasurer of said District if the Board shall deem it to be
5 advisable. The Treasurer shall execute a bond in such sum as
6 shall be fixed by the Board and with a Surety approved by the
7 Board, conditioned that he or she will well and truly perform
8 the duties imposed upon him or her by this Act and that he or
9 she will account for all moneys coming into his or her hands
10 as Treasurer of the District. The Treasurer shall pay out
11 funds of the District only upon checks, drafts, or warrants
12 issued by the District, which checks, drafts, or warrants
13 shall be signed by the Treasurer and countersigned by at least
14 one member of the Board of Supervisors.
15 (d) The Board shall select and appoint some competent
16 person as Chief Engineer of the District.
17 Section 15. All taxes or assessments levied pursuant
18 to the provisions of this Act shall constitute a lien upon
19 said lands as of the first day of January of each year in
20 which the assessments are made, which liens shall be superior
21 in dignity to all other liens upon said lands except liens for
22 State and County taxes and shall be equal in dignity to the
23 lien for said State and County taxes.
24 Section 16. The Trustees of the Internal Improvement
25 Trust Fund of Florida are authorized, empowered, and directed
26 to pay out of any moneys in their hands derived from the sale
27 of lands or otherwise, the taxes or assessments levied
28 pursuant to the provisions of this Act upon all lands owned by
29 the State of Florida or the said Trustees within the
30 boundaries of Ritta Drainage District.
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1 Section 17. All other acts and proceedings of the
2 Circuit Court of said Palm Beach and Hendry Counties taken by,
3 for, and on behalf of said District since the creation
4 thereof, and all of the acts and proceedings of the Board of
5 Supervisors, the Commissioners, and all other officers and
6 agents of said District, and of said Palm Beach and Hendry
7 Counties, acting for and on behalf of said District, and any
8 and all tax levies and assessments which have been made by the
9 said Board of Supervisors for and on behalf of said District,
10 are each one of them, and each part thereof, hereby ratified,
11 validated, and confirmed.
12 Section 4. Chapter 22882, Laws of Florida, 1945, and
13 chapters 61-1641, 76-461, and 84-500, Laws of Florida,
14 relating to the Ritta Drainage District of Florida, are hereby
15 repealed to the extent they are inconsistent herewith.
16 Section 5. In the event any one or more of the
17 sections or provisions of this Act or the application of such
18 sections or provisions to any situation, circumstance, or
19 person is for any reason held to be unconstitutional, such
20 unconstitutionality shall not affect any other section or
21 provision of this Act or the application of such section or
22 provision to any other situation, circumstance, or person, and
23 it is intended that this law shall be construed and applied as
24 if such section or provision had not been included herein for
25 any unconstitutional application.
26 Section 6. This act shall take effect upon becoming a
27 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 2664
3
4 The CS makes the folllowing changes to the bill as filed:
5 it clarifies that the special district is not a subdivision of
the state;
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it corrects a scrivener's error relating to section 5 of the
7 charter; and
8 removes a provision relating to interest rates which
contradicts the previous section of the charter.
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