House Bill hb1001

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    Florida House of Representatives - 2002                HB 1001

        By Representative Bucher






  1                      A bill to be entitled

  2         An act relating to Indian Trail Improvement

  3         District, Palm Beach County; providing for

  4         codification of special laws relating to the

  5         Indian Trail Improvement District, a special

  6         tax district of the state; providing

  7         legislative intent; codifying, reenacting, and

  8         amending chapters 57-646, 67-692, 80-569,

  9         82-352, 83-491, 88-501, 89-465, 90-446, 92-261,

10         97-326, and 99-473, Laws of Florida; providing

11         for minimum charter requirements; amending the

12         boundaries of the District to include

13         additional lands; providing for Supervisor

14         qualifications, terms of office, election

15         procedures, and compensation; providing for a

16         referendum; providing for provisions of other

17         laws made applicable; providing for

18         ratification of prior actions; repealing

19         chapters 57-646, 67-692, 80-569, 82-352,

20         83-491, 88-501, 89-465, 90-446, 92-261, 97-326,

21         and 99-473, Laws of Florida, relating to the

22         Indian Trail Improvement District; providing

23         for liberal construction; providing for

24         severability; providing an effective date.

25

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

27

28         Section 1.  Pursuant to section 189.429, Florida

29  Statutes, this act constitutes the codification of all special

30  acts relating to the Indian Trail Improvement District, an

31  independent special district and public corporation of the

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  1  state. It is the intent of the Legislature in enacting this

  2  law to provide a single, comprehensive special act charter for

  3  the District, including all current legislative authority

  4  granted to the District by its several legislative enactments

  5  and any additional authority granted by this act. It is

  6  further the intent of this act to preserve all District

  7  authority, including the authority to annually assess and levy

  8  taxes or non-ad valorem assessments against all assessable

  9  property in the District.

10         Section 2.  Chapters 57-646, 67-692, 80-569, 82-352,

11  83-491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473,

12  Laws of Florida, are codified, reenacted, amended, and

13  repealed as herein provided.

14         Section 3.  The Indian Trail Improvement District is

15  re-created, and the charter for the District is re-created and

16  reenacted to read:

17         Section 1.  In accordance with section 189.404(3),

18  Florida Statutes, the following are the minimum requirements

19  for the charter of the Indian Trail Improvement District:

20         (1)  The District is organized and exists for all

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

22  Statutes, as they may be amended from time to time, except as

23  otherwise provided herein.

24         (2)  The powers, functions, and duties of the District

25  regarding non-ad valorem assessments, bond issuance, other

26  revenue-raising capabilities, budget preparation and approval,

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

28  certificates as appropriate for non-ad valorem assessments,

29  and contractual agreements shall be as set forth in chapters

30  189, 197, and 298, Florida Statutes, this act, or any other

31

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

  2  time to time.

  3         (3)  The District was created by chapter 57-646, Laws

  4  of Florida.

  5         (4)  The District's charter may be amended only by

  6  special act of the Legislature.

  7         (5)  In accordance with chapter 57-646, Laws of

  8  Florida, and the subsequent amendatory special acts of the

  9  Legislature, the District is governed by a Board of

10  Supervisors. The membership and organization of the Board

11  shall be as set forth in this act, as it may be amended from

12  time to time.

13         (6)  The compensation of Board members shall be

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

15  they may be amended from time to time.

16         (7)  The administrative duties of the Board shall be as

17  set forth in this act, as it may be amended from time to time.

18         (8)  Requirements for financial disclosure, meeting

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

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

21  chapters 112, 119, 189, 286, and 298, Florida Statutes, as

22  they may be amended from time to time.

23         (9)  The procedures and requirements governing the

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

25  by the District shall be as set forth in chapters 189 and 298,

26  Florida Statutes, and applicable general laws, as they may be

27  amended from time to time.

28         (10)  The procedures for conducting District elections

29  and for qualification of electors shall be pursuant to

30  chapters 189 and 298, Florida Statutes, this act, and

31

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

  2  time.

  3         (11)  The District may be financed by any method

  4  established in this act, chapters 189 and 298, Florida

  5  Statutes, or any applicable general laws, as they may be

  6  amended from time to time.

  7         (12)  In accordance with chapter 298, Florida Statutes,

  8  the District may continue to levy upon all of the real taxable

  9  property in the District a special tax each year as

10  maintenance tax.

11         (13)  The method for collecting non-ad valorem

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

13  chapters 197 and 298, Florida Statutes, as they may be amended

14  from time to time.

15         (14)  The District's planning requirements shall be as

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

17  may be amended from time to time.

18         Section 2.  District created and boundaries

19  thereof.--For the purpose of reclaiming and draining the lands

20  hereinafter described and protecting said lands from the

21  effects of water by means of the construction and maintenance

22  of canals, ditches, levees, dikes, pumping plants, and other

23  drainage works and improvements, and for the purpose of making

24  the lands within said District available and habitable for

25  settlement and agriculture, and for the public convenience,

26  welfare, utility, and benefit, and for the other purposes

27  stated in this act, a water control district is hereby created

28  and established in Palm Beach County, Florida, to be known as

29  the Indian Trail Improvement District, a water control

30  district, the territorial boundaries of which shall include

31  the following land, to-wit:

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  1

  2         TOWNSHIP 41 SOUTH, RANGE 41 EAST

  3

  4         That part of Sections 18, 19 and 20, lying

  5         South of the southerly right-of-way of the

  6         Seaboard Coast Line Railroad, all being in

  7         Township 41 South, Range 41 East.

  8

  9         The West 1/2 of Section 29, all of Sections 30

10         and 31, and the West 1/2 of Section 32,

11         Township 41 South, Range 41 East.

12

13         TOWNSHIP 42 SOUTH, RANGE 39 EAST

14

15         The south one-half (S 1/2) of Sections 13, 14

16         and 15; all of Sections 21, 22, 23, 24, 25, 26,

17         27 and 28; the north one-half (N 1/2) of

18         Section 29 and all that part of Section 36

19         lying north and east of the north easterly

20         right of way line of levee L-8, a project in

21         the plan of water control of the Central and

22         Southern Florida Flood Control District.

23

24         TOWNSHIP 42 SOUTH, RANGE 40 EAST

25

26         The south one-half (S 1/2) of Sections 13, 14,

27         15, 16, 17 and 18; all of Sections 19, 20, 21,

28         22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,

29         34, 35 and 36.

30

31         TOWNSHIP 42 SOUTH, RANGE 41 EAST

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  1

  2         The West 1/2 of Section 14, lying South of the

  3         right-of-way for North Lake Boulevard, the same

  4         being a part of Stonewal Estates Plat One as

  5         recorded in Plat Book 47, pages 12 thru 17

  6         inclusive, all in Palm Beach County, Florida;

  7         the West one-half (W 1/2) of Section 23 and all

  8         of Section 26; all of Sections 31, 33, 34 and

  9         35.

10

11         The West 1/2 of Section 17, all of Sections 18,

12         19, 20, 21, 22, 27, 28, 29, 30 and 32; Township

13         42 South, Range 41 East.

14

15         The West 80 feet of Sections 6 and 7, and the

16         South 80 feet of the North 280 feet of the West

17         1700 feet of Section 6, all being in Township

18         42, Range 41 East.

19

20         TOWNSHIP 43 SOUTH, RANGE 39 EAST

21

22         All of Sections 1, 2, 11, 12, 13, 14, 23 and

23         24; all that part of Sections 25, 26 and 36

24         lying north and east of the northeasterly right

25         of way line of levee L-12, a project in the

26         plan of water control of the Central and

27         Southern Florida Flood Control District.

28

29         TOWNSHIP 43 SOUTH, RANGE 40 EAST

30

31

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  1         All of Sections 4, 5, 6, 7, 8, 9, 10, 11, 14,

  2         15, 17, 18, 20, 21, 22, 23 and 26; that part of

  3         Section 3 lying Northerly and Westerly of the

  4         Southeasterly right of way line of the "M"

  5         Canal; the west three-quarters (W 3/4) of

  6         Section 13, 24 and 25; all that part of Section

  7         35 lying north of the northerly right of way

  8         line of State Road 80; all that part of the

  9         West three-quarters (W 3/4) of Section 36 lying

10         north of the northerly right of way line of

11         State Road 80, and all that part of the West

12         one-half (W 1/2) of Section 31, lying north and

13         east of the northerly and easterly right of way

14         lines of State Road 80, and Levee L-12 a

15         project in the plan of water control of the

16         Central and Southern Florida Flood Control

17         District.

18

19         TOWNSHIP 43 SOUTH, RANGE 41 EAST

20

21         All of sections 1, 2, 3, 4, 9, 10, 11, 14, 15,

22         23 and 26; the east one-half (E 1/2) and the

23         east one-half of the southwest one-quarter (E

24         1/2 of SW 1/4) of Section 22; the west

25         one-quarter (W 1/4) of Section 24; the north

26         west one-quarter (NW 1/4) of Section 25; the

27         east three-quarters (E 3/4) of Section 27; all

28         that part of the east one-half of the west

29         one-half (E 1/2 of W 1/2) of Section 34 lying

30         north of the northerly right of way line of

31         State Road 80; and all that part of the west

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  1         one-half (W 1/2) of Section 35 lying north of

  2         the northerly right of way line of State Road

  3         80.

  4

  5                         PARCEL 1

  6

  7         A parcel of land lying in the South 587.82 feet

  8         of Section 15, Township 42 South, Range 41

  9         East, Palm Beach County, Florida, being bounded

10         as follows:

11

12         Bounded on the South by the South line of said

13         Section 15.

14

15         Bounded on the West by the right-of-way for

16         Coconut Boulevard as recorded in Official

17         Records Book 5778, Page 1279, Public Records,

18         Palm Beach County, Florida.

19

20         Bounded on the North by the right-of-way for

21         Lake Park West Road as recorded in Official

22         Records Book 1229, Page 131, Public Records,

23         Palm Beach County, Florida.

24

25         Bounded on the East by the right-of-way for

26         120th Avenue North as recorded in Official

27         Records Book 1229, Page 135, Public Records,

28         Palm Beach County, Florida.

29

30         Containing: 35.15 acres, more or less.

31

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  1                         PARCEL 2

  2

  3         A parcel of land lying in the South 587.82 feet

  4         of Section 15, Township 42 South, Range 41

  5         East, Palm Beach County, Florida, being bounded

  6         as follows:

  7

  8         Bounded on the South by the South line of said

  9         Section 15.

10

11         Bounded on the West by the right-of-way as

12         recorded in Official Records Book 1229, Page

13         135, Public Records, Palm Beach County,

14         Florida.

15

16         Bounded on the North by the right-of-way for

17         Lake Park West Road as recorded in Official

18         Records Book 1229, Page 131, Public Records,

19         Palm Beach County, Florida.

20

21         Bounded on the East by the right-of-way for

22         Coconut Boulevard as recorded in Official

23         Records Book 5778, Page 1279, Public Records,

24         Palm Beach County, Florida.

25

26         Containing: 30.71 acres, more or less.

27

28                         PARCEL 3

29

30         A parcel of land lying in the South 587.82 feet

31         of Section 16, Township 42 South, Range 41

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  1         East, Palm Beach County, Florida, being bounded

  2         as follows:

  3

  4         Bounded on the South by the South line of said

  5         Section 16.

  6

  7         Bounded on the West by the right-of-way for

  8         140th Avenue North as recorded in Official

  9         Records Book 1229, Page 183, Public Records,

10         Palm Beach County, Florida.

11

12         Bounded on the North by the right-of-way for

13         Lake Park West Road as recorded in Official

14         Records Book 1229, Page 125, Public Records,

15         Palm Beach County, Florida.

16

17         Bounded on the East by the East line of the

18         West one-half of said Section 16.

19

20         Containing: 35.31 acres, more or less.

21

22                         PARCEL 4

23

24         A parcel of land lying in the South 587.82 feet

25         of Section 17, Township 42 South, Range 41

26         East, Palm Beach County, Florida, being bounded

27         as follows:

28

29         Bounded on the South by the South line of said

30         Section 17.

31

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  1         Bounded on the West by the West line of the

  2         East one-half of said Section 17.

  3

  4         Bounded on the North by the right-of-way for

  5         Lake Park West Road as recorded in Official

  6         Records Book 1229, Page 125, Public Records,

  7         Palm Beach County, Florida.

  8

  9         Bounded on the East by the right-of-way for

10         140th Avenue North as recorded in Official

11         Records Book 1229, Page 133, Public Records,

12         Palm Beach County, Florida.

13

14         Containing: 35.73 acres, more or less.

15         Section 3.  Provisions of chapter 298, Florida

16  Statutes, made applicable.--The Indian Trail Improvement

17  District shall be a public corporation of this state. The

18  provisions of the general drainage and water control laws of

19  Florida applicable to water control districts which are

20  embodied in chapter 298, Florida Statutes, and all of the laws

21  amendatory thereof, now existing or hereafter enacted, so far

22  as not inconsistent with this act, are hereby declared to be

23  applicable to said Indian Trail Improvement District. Said

24  Indian Trail Improvement District shall have all of the powers

25  and authority mentioned in or conferred by chapter 298,

26  Florida Statutes, and acts amendatory thereof, except as

27  otherwise provided herein.

28         Section 4.  Provisions of chapter 153, Florida

29  Statutes, made applicable.--The provisions of the County Water

30  System and Sanitary Sewer Financing Law which are embodied in

31  chapter 153, Florida Statutes, and all the laws amendatory

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  1  thereof, now existing or hereafter enacted, so far as not

  2  inconsistent with this act, are hereby declared to be

  3  applicable to said Indian Trail Improvement District. Said

  4  Indian Trail Improvement District shall have all of the powers

  5  and authority mentioned in or conferred by chapter 153,

  6  Florida Statutes, and acts amendatory thereof. Where referred

  7  to in chapter 153, Florida Statutes, "county" or "counties"

  8  shall mean this District; "county commission" or "commission"

  9  shall mean the Board of Supervisors of this District;

10  "engineer" shall mean the engineer for this District; "county

11  tax assessor" shall mean the County Tax Collector or the

12  Treasurer of the District, whoever is collecting the taxes of

13  the district in the discretion of the Board of Supervisors;

14  and all other words or terms in chapter 153, Florida Statutes,

15  shall be construed so as to refer and be applicable to this

16  District.

17         Section 5.  Powers of the District.--

18         (1)  Said District shall have the power to sue and be

19  sued by its name in any court of law or in equity, to make

20  contracts, to adopt and use a corporate seal and to alter the

21  same at pleasure; to acquire by purchase, gift, or

22  condemnation real and personal property, either or both,

23  within or without the District, and to convey and dispose of

24  such real and personal property, either or both, as may be

25  necessary or convenient to carry out the purposes, or any of

26  the purposes, of this act and chapters 298 and 153, Florida

27  Statutes; to construct, operate, and maintain canals, ditches,

28  drains, levees, and other works for drainage and water control

29  purposes; to acquire, purchase, operate, and maintain pumps,

30  plants, and pumping systems for drainage and water control

31  purposes; to construct, operate, and maintain irrigation

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  1  works, machinery, and plants; to construct, improve, pave, and

  2  maintain roadways and roads necessary and convenient for the

  3  exercise of the powers or duties or any of the powers or

  4  duties of said District or the Supervisors thereof; and, in

  5  furtherance of the purposes and intent of this act and chapter

  6  298, Florida Statutes, to construct, improve, pave, and

  7  maintain roadways and roads necessary and convenient to

  8  provide access to and efficient development of areas made

  9  suitable and available for cultivation, settlement, and other

10  beneficial use and development as a result of the drainage and

11  reclamation operations of the District; included as a

12  component of roads in a water control plan parkways, bridges,

13  landscaping, irrigation, bicycle and jogging paths, street

14  lighting, traffic signals, road striping, and all other

15  customary elements of a modern road system; however, as it

16  relates to traffic signals, the District must obtain

17  authorization from the appropriate state or local government

18  prior to expending funds; to construct, operate, and maintain

19  gas mains and facilities for the distribution of natural gas

20  and to purchase natural gas for distribution in the District;

21  to construct and maintain recreation areas and facilities,

22  including the authority to provide for the construction,

23  operation, and maintenance of such recreation areas and

24  facilities; provide recreation and playground equipment;

25  employ supervisory personnel; organize and sponsor community

26  and athletic teams and events; provide liability insurance to

27  cover such projects; lease recreation areas and facilities to

28  nonprofit community corporations or groups; and provide any

29  other programs and elements of recreation areas and

30  facilities, including trails, the enumeration of the same not

31  being exclusive; to borrow money and issue negotiable or other

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  1  bonds of said District as hereinafter provided; to borrow

  2  money, from time to time, and issue negotiable or other notes

  3  of said District therefor, bearing interest at the rate as

  4  provided by law, in anticipation of the collection of taxes,

  5  levies, and assessments or revenues of said District, and to

  6  pledge or hypothecate such taxes, levies, assessments, and

  7  revenues to secure such bonds, notes, or obligations, and to

  8  sell, discount, negotiate, and dispose of the same; and to

  9  exercise all other powers necessary, convenient, or proper in

10  connection with any of the powers or duties of said District

11  stated in this act. The powers and duties of said District

12  shall be exercised by the Board of Supervisors thereof, which

13  Board shall have the authority to employ engineers, attorneys,

14  agents, employees, and representatives as the Board of

15  Supervisors may from time to time determine, and to fix their

16  compensation and duties.

17         (2)  There shall be adopted by resolution such

18  policies, guidelines, and procedures which will thereby

19  authorize the District, at its discretion, to elect to use

20  either a public bid negotiation process for the letting of

21  contracts and purchase orders for works and improvements of

22  the District, including procurement of personal property,

23  commodities, and services, when the cost of said works and

24  improvements, personal property, commodities, and services

25  does not exceed the CATEGORY TWO amount set forth in section

26  287.017, Florida Statutes.

27         Section 6.  Board of Supervisors; organization; terms

28  of office; election; vacancy.--

29         (1)  Organization.--

30

31

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  1         (a)  The business affairs of the District shall be

  2  conducted and administered by a five-member Board of

  3  Supervisors elected by the electors of the District.

  4         (b)  The office of each member of the Board is

  5  designated as being a seat on the board, distinguished from

  6  each of the other seats by a numeral: 1, 2, 3, 4, or 5. The

  7  numerical seat designation does not designate a geographical

  8  subdistrict. Each candidate for a seat on the Board shall

  9  designate, at the time the candidate qualifies, the seat on

10  the Board for which the candidate is qualifying. The name of

11  each candidate who qualifies for election to a seat on the

12  board shall be included on the ballot in a way that clearly

13  indicates the seat for which the candidate is a candidate.

14         (c)  To qualify for office:

15         1.  Each candidate for the office of District

16  Supervisor shall be a qualified elector of the District; and

17         2.  At the time of qualification, each candidate for a

18  Board of Supervisors seat shall reside within the boundaries

19  of an activated unit of the District and, if elected, shall

20  maintain such residency throughout the term of office.

21         (2)  Terms of office.--

22         (a)  In the first election following the effective date

23  of this act, seats 1, 3, and 5 shall be designated for 4-year

24  terms and seats 2 and 4 shall be designated for 2-year terms.

25  Thereafter, the terms of all Supervisors shall be for 4 years.

26         (b)  Each Supervisor shall remain in office until the

27  successor is elected and assumes the duties of the position.

28         (c)  The term of every Supervisor who is holding office

29  on the effective date of this act shall be extended from

30  September 2002 until November 2002 to coincide with the first

31  election held pursuant to this section.

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  1         (3)  Elections.--

  2         (a)  Electors.--Any person who is a resident of an

  3  activated unit of development of the District who has

  4  qualified as an elector of this state and who registers in the

  5  manner prescribed by law shall be an elector of the District.

  6         (b)  Nonpartisan elections.--All elections for the

  7  District Supervisors shall be conducted on a nonpartisan basis

  8  without any designation of political party affiliation.

  9         (c)  Qualification.--Any person who wishes to become a

10  candidate for a District Supervisor's seat shall qualify with

11  the county supervisor of elections in accordance with the

12  provisions of the Florida Election Code and this act.

13         (d)  Schedule for elections and primaries.--The regular

14  nonpartisan district election shall be held on the first

15  Tuesday after the first Monday in November of each

16  even-numbered year, beginning in November 2002. If there are

17  more than two candidates who qualify for any office, a primary

18  election shall be held at the same time as the first primary

19  election.

20         (e)  Schedule for other elections.--An election to fill

21  the remainder of an unexpired term shall be held as provided

22  in this subsection.

23         (f)  Determination of election of office.--If only one

24  candidate qualifies for an office, said candidate shall be

25  deemed to be elected. If two candidates qualify for an office,

26  the names of those candidates shall be placed on the ballot at

27  the general election. If more than two candidates qualify for

28  an office, the names of those candidates shall be placed on

29  the ballot at the first primary election. If no candidate

30  receives a majority of the votes cast for an office in the

31  primary election, the two candidates receiving the highest

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  1  vote for such office shall be placed on the ballot at the

  2  general election, provided that:

  3         1.  In any contest in which there is a tie for second

  4  place, the name of the candidate placing first and the names

  5  of the candidates tying for second shall be placed upon the

  6  general election ballot.

  7         2.  The candidate receiving the highest number of votes

  8  cast for the office in the general election shall be elected

  9  to such office. If the vote at the general election results in

10  a tie, the outcome shall be determined by lot.

11         (g)  Elected or reelected Supervisors shall be inducted

12  into office at the first regularly scheduled meeting following

13  certification of the election.

14         (4)  Filling of vacancies.--

15         (a)  If any Board member fails to attend three

16  consecutive meetings without cause and without prior approval

17  of the chair, that member shall be deemed to have committed

18  neglect of duty and may be subject to the provisions of

19  chapter 112, Florida Statutes.

20         (b)  If any vacancy occurs in the office of any

21  District Supervisor and the remainder of the unexpired term is

22  less than or equal to 2 years and 81 days, the remaining

23  Supervisors shall, within 30 days following the occurrence of

24  such vacancy, by majority vote, appoint a person to fill the

25  vacancy for the remainder of the unexpired term. If, however,

26  the remainder of the unexpired term exceeds 2 years and 81

27  days, the remaining Supervisors shall, within 30 days

28  following the occurrence of such vacancy, by majority vote,

29  appoint a person to fill the vacancy until the next regularly

30  scheduled district election.

31

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  1         (c)  Any person appointed to fill a vacant seat on the

  2  Board of Supervisors shall be required to meet the

  3  qualifications of the seat to which that person is appointed.

  4         Section 7.  Compensation of Supervisors.--Each

  5  Supervisor shall be paid for his or her services in accordance

  6  with chapter 298, Florida Statutes, and shall be paid 10 cents

  7  per mile for each mile actually traveled in going to and from

  8  his or her place of residence to the place of meeting.

  9         Section 8.  Meeting of landowners; public hearings.--

10         (1)  The Board of Supervisors shall have the power to

11  call special meetings of the landowners at any time to receive

12  reports of the Board of Supervisors or consider and act upon

13  any matter upon which the Board of Supervisors shall request

14  advice. Notice of all meetings of the landowners shall be

15  given by the Board of Supervisors by causing publication

16  thereof to be made for 2 consecutive weeks prior to such

17  meeting in some newspaper published in Palm Beach County. The

18  meetings of the landowners shall be held in some public place

19  in said county, and the place, day, and hour of holding such

20  meetings shall be stated in the notice. The landowners when

21  assembled shall organize by electing a chair who shall preside

22  at the meeting.

23         (2)  Prior to adopting the annual budget, authorizing a

24  special assessment, or making a material expenditure, as

25  hereinafter defined, the Board of Supervisors shall hold a

26  public hearing upon due public notice, at which time the

27  landowners in the District shall have an opportunity to be

28  heard. At such hearings, the Board of Supervisors shall hear

29  comments from those landowners who will be directly affected

30  by the issue which is the subject of the public hearing. For

31  purposes of this section, "material expenditure" shall mean an

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  1  expenditure for a line item in the budget which exceeds, on a

  2  cumulative basis, the amount of such line item by 10 percent

  3  during each fiscal year. Notwithstanding the foregoing, an

  4  expenditure which does not exceed $1,000, cumulatively, shall

  5  not be a material expenditure. For purposes of this act, due

  6  public notice shall mean publication of notice of the time,

  7  place, and purpose of the scheduled meeting or hearing for 2

  8  consecutive weeks in some newspaper of general circulation

  9  published in Palm Beach County. The Board of Supervisors shall

10  not be required to hold a public hearing prior to making a

11  material expenditure if the Board, in its best judgment,

12  determines that an emergency exists.

13         Section 9.  Installment and maintenance taxes levied

14  and apportioned and the collection thereof.--Taxes shall be

15  levied and apportioned as provided for in chapter 298, Florida

16  Statutes, and amendments thereto.

17         Section 10.  Enforcement of taxes and discounts; when

18  unpaid taxes delinquent; penalty.--

19         (1)  The collection and enforcement of all taxes levied

20  by said District shall be at the same time and in like manner

21  as county taxes, and the provisions of the Florida Statutes

22  relating to the sale of lands for unpaid and delinquent county

23  taxes, the issuance, sale, and delivery of tax certificates

24  for such unpaid and delinquent county taxes, the redemption

25  thereof, the issuance to individuals of tax deeds based

26  thereon, and all other procedures in connection therewith

27  shall be applicable to said District and the delinquent and

28  unpaid taxes of said District to the same extent as if said

29  statutory provisions were expressly set forth in this act. All

30  taxes shall be subject to the same discounts as county taxes.

31

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  1  All discounts allowed shall be a charge against the

  2  maintenance tax only.

  3         (2)  All taxes levied by the District shall be and

  4  become delinquent and bear penalties on the amount of said

  5  taxes in the same manner as county taxes.

  6         Section 11.  Taxes and costs; lien on land against

  7  which taxes levied; taxes levied a lien of equal dignity with

  8  other taxes.--All drainage taxes levied by the District,

  9  together with all penalties for default in payment of the same

10  and all costs in collecting the same, shall constitute a lien

11  of equal dignity with the liens for county taxes, and other

12  taxes of equal dignity with county taxes, upon all the lands

13  against which said taxes shall be levied. A sale of any of the

14  lands within the District for county or other taxes shall not

15  operate to relieve or release the lands so sold from the lien

16  for subsequent installments of District taxes, which lien may

17  be enforced against such lands as though no such sale thereof

18  had been made.

19         Section 12.  Uniform acreage tax for payment of

20  expenses.--Pursuant to section 298.349, Florida Statutes, the

21  District may levy upon each and every acre of land within a

22  newly created unit of development within said Indian Trail

23  Improvement District a uniform initial assessment of $50 per

24  acre for the year in which the unit of development is created

25  to be used by said District, through its said Board of

26  Supervisors, for the purpose of paying expenses incurred or to

27  be incurred in making surveys of the lands in said District,

28  assessing District Administrator benefits and damages and

29  other expenses necessarily incurred, as estimated or

30  determined by said Board of Supervisors, before said Board of

31  Supervisors collects or receives funds under the subsequent

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  1  provisions of this act. Said assessment shall be a lien upon

  2  the lands in said District from the date of the creation of

  3  the new unit of development and shall be collected in the same

  4  manner as the annual installment of taxes. If it shall appear

  5  to the Board of Supervisors to be necessary to obtain funds to

  6  pay any expenses incurred or to be incurred in organizing said

  7  District, making said surveys, preparing the Water Control

  8  Plan, or other expenses of the conduct and operation of said

  9  District before a sufficient sum can be obtained by the

10  collection of the acreage tax levied by this section, said

11  Board of Supervisors may borrow a sufficient sum of money for

12  any of said purposes at a rate of interest as provided by

13  general law, and may issue negotiable notes or bonds therefor

14  signed by the members of said Board of Supervisors, and may

15  pledge any and all assessments of said acreage tax levied

16  under the provisions of this section for the repayment

17  thereof. Said Board of Supervisors may issue to any person or

18  persons performing work or services or furnishing anything of

19  value in the organization of said District or making surveys

20  of the same and assessing benefits or damages or preparing

21  said Water Control Plan and other expenses necessarily

22  incurred before the receipt of funds arising from assessments

23  or benefits, negotiable evidence of debt bearing interest at

24  the rate as provided by general law.

25         Section 13.  Bonds may be issued; sale and disposition

26  of proceeds; interest; levy to pay bonds; bonds and duties of

27  Treasurer, etc.--

28         (1)  The Board of Supervisors may, if in its judgment

29  it seems best, issue bonds not to exceed 90 percent of the

30  total amount of the taxes levied under the provisions of

31  section 298.36, Florida Statutes, in denominations of not less

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  1  than $100, bearing interest from date at a rate not to exceed

  2  the rate as provided by general law, payable annually or

  3  semiannually, to mature at annual intervals within 40 years

  4  commencing after a period of not later than 10 years, to be

  5  determined by the Board of Supervisors, both principal and

  6  interest payable at some convenient place designated by the

  7  Board of Supervisors to be named in said bonds, which said

  8  bonds shall be signed by the President of the Board of

  9  Supervisors, attested with the seal of said District and by

10  the signature of the Secretary of said Board. All of said

11  bonds shall be executed and delivered to the Treasurer of said

12  District, who shall sell the same in such quantities and at

13  such dates as the Board of Supervisors may deem necessary to

14  meet the payments for the works and improvements in the

15  District. Said bonds shall not be sold for less than 90 cents

16  on the dollar, with accrued interest, shall show on their face

17  the purpose for which they are issued, and shall be payable

18  out of money derived from the aforesaid taxes. A sufficient

19  amount of the drainage tax shall be appropriated by the Board

20  of Supervisors for the purpose of paying the principal and

21  interest of said bonds, and the same shall, when collected, be

22  preserved in a separate fund for that purpose and no other.

23  All bonds and coupons not paid at maturity shall bear interest

24  at the rate as provided by general law or until sufficient

25  funds have been deposited at the place of payment, and said

26  interest shall be appropriated by the Board of Supervisors out

27  of the penalties and interest collected on delinquent taxes or

28  other available funds of the District. Provided, however, that

29  it may, in the discretion of said Board, be provided that at

30  any time, after such date as shall be fixed by the said Board,

31  said bonds may be redeemed before maturity at the option of

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  1  said Board, or their successors in office, by being made

  2  callable prior to maturity at such times and upon such prices

  3  and terms and other conditions as said Board shall determine.

  4  If any bond so issued subject to redemption before maturity

  5  shall not be presented when called for redemption, it shall

  6  cease to bear interest from and after the date so fixed for

  7  redemption.

  8         (2)  The Board of Supervisors of said District shall

  9  have authority to issue refunding bonds to take up any

10  outstanding bonds and any interest accrued thereon when, in

11  the judgment of said Board, it shall be in the best interest

12  of said District so to do. The said Board is hereby authorized

13  and empowered to issue refunding bonds to take up and refund

14  all bonds of said District outstanding that are subject to

15  call and prior redemption, and all interest accrued to the

16  date of such call or prior redemption, and all bonds of said

17  District that are not subject to call or redemption, together

18  with all accrued interest thereon, where the surrender of said

19  bonds can be procured from the holders thereof at prices

20  satisfactory to the Board or can be exchanged for such

21  outstanding bonds with the consent of the holder thereof. Such

22  refunding bonds may be issued at any time when in the judgment

23  of said Board it will be to the interest of the District

24  financially or economically to secure a lower rate of interest

25  on said bonds or by extending the time of maturity of said

26  bonds, or for any other reason in the judgment of said Board

27  advantageous to said District. Such refunding bonds may mature

28  at any time or times in the discretion of said Board, not

29  later, however, than 40 years from the date of issuance of

30  said refunding bonds. Said refunding bonds shall bear such

31  date of issue and such other details as said Board shall

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  1  determine and may in the discretion of said Board be made

  2  callable prior to maturity at such times and upon such prices

  3  and terms and other conditions as said Board shall determine.

  4  All the other applicable provisions of this act not

  5  inconsistent therewith shall apply fully to said refunding

  6  bonds and the holders thereof shall have all the rights,

  7  remedies, and security of the outstanding bonds refunded,

  8  except as may be provided otherwise in the resolution of the

  9  Board authorizing the issuance of such refunding bonds. Any

10  funds available in the Sinking Fund for the payment of the

11  principal and interest of outstanding bonds may be retained in

12  the fund to be used for the payment of principal and interest

13  of the refunding bonds, in the discretion of the Board of

14  Supervisors. Any expenses incurred in buying any or all bonds

15  authorized under the provisions of this section and the

16  interest thereon and a reasonable compensation for paying same

17  shall be paid out of the funds in the hands of the Treasurer

18  and collected for the purpose of meeting the expenses of

19  administration. It shall be the duty of the said Board of

20  Supervisors in making the annual tax levy as heretofore

21  provided to take into account the maturing bonds and interest

22  on all bonds and expenses and to make a provision in advance

23  for the payment of same.

24         (3)  In case the proceeds of the original tax levy made

25  under the provisions of section 298.36, Florida Statutes, are

26  not sufficient to pay the principal and interest of all bonds

27  issued, then the Board of Supervisors shall make such

28  additional levy or levies upon the benefits assessed as are

29  necessary for this purpose, and under no circumstances shall

30  any tax levies be made that will in any manner or to any

31  extent impair the security of said bonds or the fund available

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  1  for the payment of the principal and interest of the same.

  2  Said Treasurer shall, at the time of the receipt by him or her

  3  of said bonds, execute and deliver to the President of the

  4  Board of said District a bond with good and sufficient surety

  5  to be approved by said Board, conditioned that he or she shall

  6  account for and pay over as required by law and as ordered by

  7  said Board of Supervisors any and all moneys received by him

  8  or her on the sale of such bonds, or any of them, and that he

  9  or she shall only sell and deliver such bonds to the purchaser

10  or purchasers thereof under and according to the terms herein

11  prescribed, and that he or she shall return to the Board of

12  Supervisors and duly cancel any and all bonds not sold when

13  ordered by said Board to do so. Said bonds when so returned

14  shall remain in the custody of the President of the Board of

15  Supervisors, who shall produce the same for inspection or for

16  use as evidence whenever and wherever legally requested so to

17  do. The said Treasurer shall promptly report all sales of

18  bonds to the Board of Supervisors. The Board shall at

19  reasonable time thereafter prepare and issue warrants in

20  substantially the form provided in section 298.17, Florida

21  Statutes, for the payment of maturing bonds so sold and the

22  interest payments coming due on all bonds sold. Each of said

23  warrants shall specify what bonds and accruing interest it is

24  to pay, and the Treasurer shall place sufficient funds at the

25  place of payment to pay the maturing bonds and coupons when

26  due, together with necessary compensation for paying same. The

27  successor in office of any such Treasurer shall not be

28  entitled to said bonds or the proceeds thereof until he or she

29  shall have complied with all of the foregoing provisions

30  applicable to his or her predecessor in office. The aforesaid

31  bond of said Treasurer may, if said Board shall so direct, be

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  1  furnished by a surety or bonding company, which may be

  2  approved by said Board of Supervisors, provided that, if it

  3  should be deemed more expedient to said Board of Supervisors

  4  as to money derived from the sale of bonds issued, said Board

  5  may by resolution select some suitable bank or banks or other

  6  depository as temporary Treasurer or Treasurers to hold and

  7  disburse said moneys upon the order of said Board as the work

  8  progresses, until such fund is exhausted or transferred to the

  9  Treasurer by order of said Board of Supervisors. The funds

10  derived from the sale of said bonds or any of them shall be

11  used for the purpose of paying the cost of the drainage works

12  and improvements, and such costs, fees, expenses, and salaries

13  as may be authorized by law, and used for no other purpose.

14         Section 14.  Full authority for issue and sale of bonds

15  authorized.--

16         (1)  This act shall, without reference to any other act

17  of the Legislature, be full authority for the issuance and

18  sale of the bonds authorized in this act, which bonds shall

19  have all the qualities of negotiable paper under the law

20  merchant and shall not be invalid for any irregularity or

21  defect in the proceedings for the issuance and sale thereof

22  and shall be incontestable in the hands of bona fide

23  purchasers or holders thereof. No proceedings in respect to

24  the issuance of any such bonds shall be necessary, except such

25  as are required by this act. The provisions of this act shall

26  constitute an irrepealable contract among the said Board of

27  Supervisors and the said Indian Trail Improvement District and

28  the holders of any bonds and the coupons thereof issued

29  pursuant to the provisions hereof. Any holder of any of said

30  bonds or coupons may either in law or in equity by suit,

31  action, or mandamus enforce and compel the performance of the

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  1  duties required by this act of any of the officers or persons

  2  mentioned in this act in relation to the said bonds, or to the

  3  correct enforcement and application of the taxes for the

  4  payment thereof.

  5         (2)  After the several bonds and coupons are paid and

  6  retired as herein provided, they shall be returned to the

  7  Treasurer, and they shall be canceled and an appropriate

  8  record thereof made in a book to be kept for that purpose,

  9  which record of paid and canceled bonds shall be kept at the

10  office of the Treasurer and shall be open for inspection of

11  any bondholder at any time.

12         Section 15.  Eminent domain.--The said Board of

13  Supervisors is hereby authorized and empowered to exercise the

14  right of eminent domain and may condemn for the use of said

15  District any and all lands, easements, rights of way, riparian

16  rights, and property rights of every description, in or out of

17  said District, required for the public purposes and powers of

18  said Board as herein granted, and may enter upon, take, and

19  use such lands as it may deem necessary for such purposes.

20         Section 16.  Unit development; powers of Supervisors to

21  designate units of district and adopt system of progressive

22  drainage by units; Water Control Plans and financing

23  assessments, etc., for each unit.--

24         (1)  The Board of Supervisors of Indian Trail

25  Improvement District shall have the power and is hereby

26  authorized in its discretion to drain and reclaim or more

27  completely and intensively to drain and reclaim the lands in

28  said District by designated areas or parts of said District to

29  be called "units." The units into which said District may be

30  so divided shall be given appropriate numbers or names by said

31  Board of Supervisors, so that said units may be readily

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  1  identified and distinguished. The Board of Supervisors shall

  2  have the power to fix and determine the location, area, and

  3  boundaries of and lands to be included in each and all such

  4  units, the order of development thereof, and the method of

  5  carrying on the work in each unit. The unit system of drainage

  6  provided by this section may be conducted and all of the

  7  proceedings by this section and this act authorized in respect

  8  to such unit or units may be carried on and conducted at the

  9  same time as or after the work of draining and reclaiming of

10  the entire District has been or is being or shall be

11  instituted or carried on under the provisions of this act. If

12  the Board of Supervisors shall determine that it is advisable

13  to conduct the work of draining and reclaiming the lands in

14  said District by units, as authorized by this section, said

15  Board shall, by resolution duly adopted and entered upon its

16  minutes, declare its purpose to conduct such work accordingly,

17  and shall at the same time and manner fix the number,

18  location, and boundaries of and description of lands within

19  such unit or units and give them appropriate numbers or names.

20  As soon as practicable after the adoption and recording of

21  such resolution, said Board of Supervisors shall publish

22  notice once a week for 2 consecutive weeks in a newspaper

23  published in Palm Beach County, briefly describing the units

24  into which said District has been divided and the lands

25  embraced in each unit, giving the name, number, or other

26  designation of such units, requiring all owners of lands in

27  said District to show cause in writing before said Board of

28  Supervisors at a time and place to be stated in such notice

29  why such division of said District into such units should not

30  be approved, and said system of development by units should

31  not be adopted and given effect by said Board, and why the

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  1  proceedings and powers authorized by this section should not

  2  be had, taken, and exercised. At the time and place stated in

  3  said notice, said Board of Supervisors shall hear all

  4  objections or causes of objection, all of which shall be in

  5  writing, of any landowner in said District to the matters

  6  mentioned and referred to in such notice, and if no objections

  7  are made, or if said objections, if made, shall be overruled

  8  by said Board, then said Board shall enter in its minutes its

  9  finding and order confirming said resolution, and may

10  thereafter proceed with the development, drainage, and

11  reclamation of said District by units pursuant to such

12  resolution and to the provisions of this act. If, however,

13  said Board of Supervisors shall find as a result of such

14  objections, or any of them, or the hearing thereon, that the

15  division of said District into such units as aforesaid should

16  not be approved, or that said system of development by units

17  should not be adopted and given effect, or that the

18  proceedings and powers authorized by this section should not

19  be had, taken, or exercised, or that any other matter or thing

20  embraced in said resolution would not be in the best interest

21  of the landowners of said District or would be unjust or

22  unfair to any landowner therein or otherwise inconsistent with

23  fair and equal protection and enforcement of the rights of

24  every landowner in said District, then said Board of

25  Supervisors shall not proceed further under such resolution,

26  but said Board of Supervisors may, as a result of such

27  hearing, modify or amend said resolution so as to meet such

28  objections so made, and thereupon said Board may confirm said

29  resolution as so modified or amended and may thereafter

30  proceed accordingly. The sustaining of such objections and the

31  rescinding of such resolutions shall not exhaust the power of

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  1  said Board under this section; but, at any time not less than

  2  1 year after the date of the hearing upon any such resolution,

  3  the Board of Supervisors may adopt other resolutions under

  4  this section and thereupon proceed on due notice in like

  5  manner as above. If said Board of Supervisors shall overrule

  6  or refuse to sustain any such objections in whole or in part

  7  made by any landowner in the District, or if any such

  8  landowner shall deem himself or herself aggrieved by any

  9  action of the Board of Supervisors in respect to any

10  objections so filed, such landowner may, within 10 days after

11  the ruling of said Board, file a bill of complaint in a court

12  of competent jurisdiction against said District praying an

13  injunction or other appropriate relief against the action or

14  any part of such action proposed by such resolution or

15  resolutions of said Board, and such suits shall be conducted

16  like other suits, except that said suits shall have preference

17  over all other pending actions except criminal actions and

18  writs of habeas corpus. Upon the hearing of said cause the

19  court of competent jurisdiction shall have the power to hear

20  the objections and receive the evidence thereon of all parties

21  to such cause and approve or disapprove said resolutions and

22  action of said Board in whole or in part, and to render such

23  decree in such cause as right and justice require. When said

24  resolutions creating said unit system shall be confirmed by

25  the Board of Supervisors, or by the Court if such proposed

26  action shall be challenged by a landowner by the judicial

27  proceedings hereinabove authorized, said Board of Supervisors

28  may adopt a plan or plans of water control for and in respect

29  to any or all such units, and to have the benefits and damages

30  resulting therefrom assessed and apportioned by the District

31  Engineer and the Engineer's Report considered and confirmed,

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  1  all in like manner as is provided by law in regard to Water

  2  Control Plans for and assessments for benefits and damages of

  3  the entire District. With respect to the Water Control Plan,

  4  notices, Engineer's Report, and notice and confirmation

  5  thereof, the levy of assessments and taxes, including

  6  maintenance taxes, and the issuance of bonds and all other

  7  proceedings as to each and all of such units, said Board shall

  8  follow and comply with the same procedure as is provided by

  9  law with respect to the entire District; and said Board of

10  Supervisors shall have the same powers in respect to each and

11  all of such units as is vested in it with respect to the

12  entire District. All the provisions of this act shall apply to

13  the drainage, reclamation, and improvement of each, any, and

14  all of such units, and the enumeration of or reference to

15  specific powers or duties of the Supervisors or any other

16  officers or other matters in this act as hereinabove set forth

17  shall not limit or restrict the application of any and all of

18  the proceedings and powers herein to the drainage and

19  reclamation of such units as fully and completely as if such

20  unit or units were specifically and expressly named in every

21  section and clause of this act where the entire District is

22  mentioned or referred to. All assessments, levies, taxes,

23  bonds, and other obligations made, levied, assessed, or issued

24  for or in respect to any such unit or units shall be a lien

25  and charge solely and only upon the lands in such unit or

26  units, respectively, for the benefit of which the same shall

27  be levied, made, or issued, and not upon the remaining units

28  or lands in said District. The Board of Supervisors may at any

29  time amend its said resolutions by changing the location and

30  description of lands in any such unit or units; and provided,

31  further, that if the location of or description of lands

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  1  located in any such unit or units is so changed, notice of

  2  such change shall be published as hereinabove required in this

  3  section for notice of the formation or organization of such

  4  unit or units, and all proceedings shall be had and done in

  5  that regard as are provided in this section for the original

  6  creation of such unit or units, provided, however, that no

  7  lands against which benefits shall have been assessed may be

  8  detached from any such unit after the confirmation of the

  9  Engineer's Report of benefits in such unit or units or the

10  issuance of bonds or other obligations which are payable from

11  taxes or assessments for benefits levied upon the lands within

12  such unit or units.

13         (2)  If, after the confirmation of the Engineer's

14  Report of benefits in such unit or units, or the issuance of

15  bonds or other obligations which are payable from taxes or

16  assessments for benefits levied upon lands within such unit or

17  units, the Board of Supervisors finds the Water Control Plan

18  for any such unit or units insufficient or inadequate for

19  efficient development, the Water Control Plan may be amended

20  or changed as provided in chapter 298, Florida Statutes, and

21  the unit or units may be amended or changed as provided in

22  this section, by changing the location and description of

23  lands in any such unit or units, by detaching lands therefrom,

24  or by adding lands thereto, and in such event all assessments,

25  levies, taxes, bonds, and other obligations made, levied,

26  assessed, incurred, or issued for or in respect to any such

27  unit or units may be allocated and apportioned to the amended

28  unit or units in proportion to the benefits assessed by the

29  Engineer's Report for the amended Water Control Plan and said

30  report shall specifically provide for such allocation and

31  apportionment. However, a change or amendment to a designated

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  1  unit is not authorized if it has the effect of impairing a

  2  debt or other obligation of the unit or District.

  3         Section 17.  Amendment of Water Control Plan.--

  4         (1)  The Board of Supervisors of Indian Trail

  5  Improvement District shall have the power to amend a

  6  previously approved Water Control Plan by resolution, provided

  7  that the District Engineer certifies that all land benefited

  8  by the improvements provided for in the original plan receives

  9  the same or greater benefits as previously assessed and that

10  the estimated cost of implementing the plan, as amended, does

11  not exceed the total benefits assessed in the manner provided

12  by law, until such time as chapter 298, Florida Statutes, is

13  amended to provide a process for implementing section

14  298.225(8), Florida Statutes.

15         (2)  Indian Trail Improvement District may accept for

16  maintenance additional facilities which are within its

17  boundaries and which are donated to the District at no cost,

18  and may supplement a previously adopted Water Control Plan to

19  include such facilities.

20         Section 18.  Ratification of prior acts.--All acts and

21  proceedings of the circuit court taken by, for, and on behalf

22  of the District since the creation thereof, and all of the

23  acts and proceedings of the Board of Supervisors, the

24  Commissioners, and all other officers and agents of the

25  District, and of the county, acting for and on behalf of the

26  District, and any and all tax levies and assessments which

27  have been made by the Board of Supervisors for and on behalf

28  of the District, are each and every one of them, and each and

29  every part thereof, hereby ratified, validated, and confirmed.

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  1         Section 4.  Chapters 57-646, 67-692, 80-569, 82-352,

  2  83-491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473,

  3  Laws of Florida, are repealed.

  4         Section 5.  This act shall be construed as remedial and

  5  shall be liberally construed to promote the purpose for which

  6  it is intended.

  7         Section 6.  In the event that any part of this act

  8  should be held void for any reason, such holding shall not

  9  affect any other part thereof.

10         Section 7.  Except as otherwise provided in this act,

11  in the event of a conflict of the provisions of this act with

12  the provisions of any other act, the provisions of this act

13  shall control to the extent of such conflict.

14         Section 8.  A landowner referendum shall be called by

15  the Board of Supervisors within 60 days after the effective

16  date of this act on the question of whether the Board of

17  Supervisors will be elected by qualified electors, as provided

18  by section 6 of the charter contained in section 3 of this

19  act. Notwithstanding section 298.12, Florida Statutes, all

20  district landowners whose lands are not exempt from district

21  assessments and may be assessed for benefits are entitled to

22  vote in the referendum held pursuant to this section. The

23  referendum shall be held on a one-acre/one-vote basis. If the

24  landowners approve the election procedure described in section

25  6 of the charter contained in section 3 of this act by a

26  majority vote of the acreage cast, then such section shall

27  take effect immediately. If the landowners do not approve the

28  election procedure described in section 6 of the charter

29  contained in section 3 of this act by a majority vote of the

30  acreage cast, then such section shall be replaced by the

31  following:

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  1         Section 6.  Board of Supervisors; election;

  2  organization; meetings; powers; duties; terms of office.--

  3         (1)  The governing body of the Indian Trail Improvement

  4  District shall be the Board of Supervisors. The Board shall

  5  have seven members who shall hold office for terms of 3 years

  6  each and shall serve until their successors shall be duly

  7  elected and qualified. Current members of the Board shall

  8  continue to serve until successors are elected.

  9         (2)  Every third year during the month of September,

10  beginning September 2003, all Supervisors shall be elected, as

11  hereinafter provided, by the landowners of the subdistricts

12  identified in subsection (4) herein. All vacancies or

13  expirations on said Board shall be filled as required by this

14  act. The Supervisors of the Indian Trail Improvement District

15  shall be residents of the subdistrict from which elected and

16  owners of lands or property within said subdistrict. In case

17  of a vacancy in the office of any Supervisor, the remaining

18  Supervisors may fill such vacancy until the next election,

19  when his or her successor shall be elected by the landowners

20  of the subdistrict which elected the Supervisor.

21         (3)  As soon as practicable after their election, the

22  Board of Supervisors of said District shall organize by

23  choosing one of their members as President of said Board of

24  Supervisors and by electing some suitable person Secretary,

25  who may or may not be a member of said Board. The Secretary

26  shall be required to execute a bond for the faithful

27  performance of his or her duties in such penal amount as the

28  board may determine. The Board of Supervisors shall adopt a

29  seal which shall be the seal of said District. At each annual

30  meeting of the landowners of the District, the Board of

31  Supervisors shall report all work undertaken or completed

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  1  during the preceding year and the status of the finances of

  2  the District.

  3         (4)  With the assistance of the District Engineer and

  4  Attorney, the Board shall designate seven subdistricts as

  5  nearly equal in population as practicable, no later than June

  6  30, 2002. Redistricting of the seven subdistricts shall occur

  7  every 10 years thereafter by the end of June.

  8         (5)  The subdistricts shall be designated as

  9  subdistricts 1, 2, 3, 4, 5, 6, and 7, respectively. Beginning

10  with the 2003 elections, a candidate for a subdistrict seat

11  shall be a resident of the subdistrict for which he or she

12  runs.

13         (6)  All candidates shall qualify with the Secretary of

14  Indian Trail Improvement District by July 30 of the year in

15  which they run and must declare the subdistrict number for

16  which they qualify.

17         (7)  All assessed acreage within the Indian Trail

18  Improvement District may be voted in any election. Each acre

19  and any fraction thereof shall count as one vote. Only

20  assessed acres within a subdistrict may be cast for a

21  Supervisor candidate within a designated district. The

22  candidate receiving the most votes of the acreage cast for

23  each subdistrict is elected. If only one candidate qualifies

24  for a seat, that candidate shall be deemed to have received

25  the most votes and be elected.

26         (8)  The Board shall adopt official qualifications,

27  proxy and ballot forms, and such other policy as required to

28  conduct elections. The Board shall also appoint an independent

29  certified public accountant who shall count all ballots and

30  certify results of each election.

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  1         Section 9.  This act shall take effect upon becoming a

  2  law, except as otherwise provided herein.

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