HB 0465 2004
1	A bill to be entitled
2	An act relating to Haines City Water Control District,
3	Polk County; codifying the district's charter pursuant to
4	section 189.429, Florida Statutes; providing legislative
5	intent; amending, codifying, repealing, and reenacting all
6	special acts relating to Haines City Water Control
7	District as a single act; repealing chapters 13649 (1929)
8	14517 (1929), Laws of Florida, relating to the Haines City
9	Water Control District; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Pursuant to section 189.429, Florida Statutes,
14	this act constitutes the codification of all special acts
15	relating to Haines City Water Control District. It is the intent
16	of the Legislature in enacting this act to provide a single,
17	comprehensive special act charter for the district, including
18	all current legislative authority granted to the district by its
19	several legislative enactments and any additional authority
20	granted by this act. It is the further intent the Legislature
21	that this act preserve all district authority in addition to any
22	authority contained in chapter 298, Florida Statutes, as amended
23	from time to time.
24	Section 2. Chapters 13649 (1929) and 14517 (1929), Laws of
25	Florida, are amended, codified, reenacted, and repealed as
26	herein provided.
27	Section 3. The Haines City Water Control District is re-
28	created and the charter for the district is re-created and
29	reenacted to read:
30	Section 1. For the purposes of comprehensive water
31	management and control and developing the lands hereinafter
32	described; managing said lands and water by means of the
33	construction and maintenance of canals, ditches, levees, dikes,
34	pumping plants, and other water control works and improvements;
35	making the lands within said district available and habitable
36	for settlement and agriculture, and for the public convenience,
37	welfare, utility, and benefit; and for the other purposes stated
38	in this act and chapter 298, Florida Statutes, a water control
39	district is hereby created and established in Polk County,
40	Florida, to be known as the Haines City Water Control District.
41	Section 2. (1) The territorial boundaries of the district
42	shall be as follows, to wit:
43	Starting at the SE corner of Section 6, Township 28,
44	Range 27, Drainage District boundary, known
45	hereinafter as "line"; run north 1/4 mile, run east
46	1/4 mile, north approximately ½ mile to Winter Haven-
47	Haines City hard road, run northeasterly along hard
48	road to ½ mile line of Section 5, Township 28, Range
49	27, run north approximately 1/8 mile to 1/4 corner
50	north boundary Section 5, Township 28, Range 27, run
51	east approximately 200 to 300 feet to the SE corner of
52	SW1/4 of SW1/4 Section 32, Township 27, Range 27, run
53	north 1/4 mile, run east 1/4 mile, run north
54	approximately 1/8 mile to hard surfaced road; thence
55	run along hard surfaced road southeasterly to SW
56	corner Lot 20 Alta Vista Add. (Addition to Haines
57	City), east to SE corner Lot 15 Alta Vista Addition,
58	south to south boundary Alta Vista Addition, thence
59	run east on south boundary of Alta Vista. Add. To SE
60	corner same addition, thence north along hard surfaced
61	road approximately 3/4 mile to northeast corner
62	Section 32, Township 27, Range 27, thence westerly
63	approximately 350 feet to SE corner Lot 9, Block 80
64	(original plat Haines City), thence north 100 feet to
65	NE corner Lot 8, Block 80, thence westerly to SE
66	corner Block 61, thence north on east side Block 61 to
67	NE corner, thence west to NE corner Lot 1, Block 61,
68	thence north to NE corner Lot 8, Block 62, thence west
69	to NW corner Lot 8, Block 59, thence north to NW
70	corner Lot 7, Block 59, thence west to SE corner Lot
71	8, Block 42 west to SW corner same lot, north to NE
72	corner Lot 5, Block 42, west to NW corner Lot 5, Block
73	42, north on west side Block 42 to NW corner, thence
74	west to NE corner, Block 24, south to SE corner Lot 9,
75	Block 24, west to NW corner Lot 8, Block 24, south NE
76	corner, Lot 5, west to NW corner, Lot 5, south to SW
77	corner, Block 24, west to northeast corner of Lot 12,
78	Block "A" and west to NW corner, Lot 8, Block "A",
79	west to NW corner Block 2B, south to NE corner Block 2
80	(Lake Park Add. John L. Moore's property) in SE1/4 of
81	SW1/4 Section 29, Township 27, Range 27, thence west
82	to hard surfaced road (Dixie Highway) thence south
83	along hard surfaced road to SE corner Lot 5,
84	Knowlton's Add. To Haines City, thence west to SW
85	corner, same lot, thence north approximately 5/8 mile
86	to NE corner SW1/4 of SW1/4 Section 29, Township 27,
87	Range 27, run north approximately 1/4 mile to center
88	line to Atlantic Coast Line Rail Road Company's main
89	line, thence follow line of main line in easterly and
90	northerly direction to Palmetto Street, thence
91	westerly on north edge of said street to southwest
92	corner of Lot 3, Block E, thence northerly to
93	northwest corner Lot 4, Block E, thence across Cedar
94	Street to Ash Street, northwest corner of Lot 4, Block
95	F, thence along Ash Street to southeast corner of Lot
96	2, Block G, thence to Northwest corner Lot 4, Block G,
97	thence along Vine Street to southeast corner of Lot
98	10, thence northerly to SE corner Block 34, thence
99	north on 5th Street to NE corner Lot 13. Block 34,
100	thence west to 4th Street, thence to NE corner, Block
101	31, thence along Haines Avenue to the ½ Section line
102	of Section 29, (Polk City Road), thence north 3/4 mile
103	to the NE corner SE1/4 of NW1/4 Section 20, thence
104	west ½ mile to west boundary Section 20, thence south
105	1/8 mile, thence west ½ mile. Thence south on center
106	line of Section 19 and Section 30 to A.C.L. right-of-
107	way, thence southeast along north boundary of said
108	right-of-way to a point north of the NE corner of Lot
109	1, Block 2, Pinehurst Sub-division, thence south
110	across R.R. right-of-way, and Lee-Jackson Highway to
111	northeast corner of said Lot 1, thence westerly 153.4
112	feet to the NW corner Lot 1, Block 2, (same Sub.),
113	thence southerly 160 feet to Lake Street, thence
114	easterly along Lake Street to the east boundary
115	Pinehurst Sub. Thence south along east boundary to
116	Moss street, thence northwesterly along Moss Street to
117	Indiana Avenue, (NW cor. Block 5, Pinehurst Sub.),
118	thence west to NW corner Block 7, Lake Confusion
119	Height (subdivision), thence south to SW corner Block
120	7, (same Sub.), thence west to west boundary of
121	Section 30, thence south to SW corner Section 30,
122	thence east 1/4 mile to NE corner of NW1/4 of NW1/4
123	Section 31, thence south 1/4 mile, thence east 3/8
124	mile, thence south ½ mile, thence west 1/8 mile,
125	thence south 1/4 mile to south boundary Section 31,
126	Township 27, Range 27, thence jog west 200 to 300 feet
127	(approximately) to the NW corner of NE1/4 of NE1/4
128	Section 6, Township 28, Range 27, thence south one
129	mile, thence east 1/4 mile to place of beginning
130	(2) It is hereby determined, declared, and enacted that
131	said lands in their present condition require comprehensive
132	water control and management for proper use and development, and
133	that water control for the purpose of irrigation, reclamation,
134	and flood protection of said lands and the creation of the
135	district with the power vested in it by this act and chapter
136	298, Florida Statutes, as they may be amended from time to time,
137	is in the interest of and conducive to public welfare, health,
138	and convenience.
139	Section 3. The Board of Supervisors of the Haines City
140	Water Control District of Polk County is hereby authorized to
141	levy upon all the lands within said district against which
142	benefits have been assessed for the year 2004 and each year
143	thereafter, the annual installment of drainage taxes and
144	maintenance taxes as provided for under chapter 298, Florida
145	Statutes, and this act, and it shall certify for the year 2004
146	and each year thereafter said annual installment of drainage
147	taxes and maintenance taxes in the name of its president and
148	secretary and under its corporate seal, to the Tax Assessor of
149	Polk County, the Board of County Commissioners of Polk County,
150	and the Comptroller of the state, not later than the first
151	Monday in August. The certificate of said levy shall be
152	evidenced in substantially the following form:
153	STATE OF FLORIDA
154	COUNTY OF POLK
155	This is to certify that by virtue and authority of chapter 298,
156	Florida Statutes, and this act, the Board of Supervisors of
157	Haines City Water Control District has and does hereby levy the
158	sum of $(_____) as the annual installment of taxes for the year
159	(____) of the total tax levied under the provisions of chapter
160	298, Florida Statutes, and this act, which said total tax has
161	heretofore been certified to the Clerk of the Circuit Court of
162	Polk County; the said board of supervisors, by and under
163	authority of chapter 298, Florida Statutes, and this act, has
164	levied also the sum of $(____) as maintenance tax for said year
165	as annual installment of tax and maintenance tax on the lands
166	within said district against which benefits have been assessed
167	as set out in the following table in which are:
168	1. The name of the present owner of said lands or as they
169	appear in the records of the Polk County Property Appraiser.
170	2. The description of said land opposite the name of said
171	owners.
172	3. The amount of said annual installment of taxes levied
173	on each tract of land. $(______).
174	4. The amount of said maintenance tax levied against the
175	same.
176	5. The total amount of said tax so levied.
177	WITNESS the signature of the president of said board of
178	supervisors attested by the signature of the secretary of said
179	board and the seal of said district being affixed, this( _____)
180	day of( ________________ )A.D. 20( ).
181
182	President of said board of supervisors of said district.
183	(Corporate Seal)
184
185	Attest:(_____________________________________________
186	)Secretary of said board of supervisors of
187	said district.
188	Section 4. (1) It shall be the duty of the Board of
189	County Commissioners of Polk County to order the tax assessor of
190	said county to assess and the tax collector of said county to
191	collect the amount of the annual installment and maintenance
192	taxes levied for the year 2004 and each subsequent year upon the
193	lands within said district as the same shall be certified to
194	said tax assessor by the Board of Supervisors of the Haines City
195	Water Control District as hereinbefore provided.
196	(2) It shall be the duty of the tax assessor of the county
197	to assess against each tract of land within said district
198	against which benefits have been assessed as the same is
199	certified to him or her each year, the taxes as levied and
200	certified by said board of supervisors as herein above provided
201	and to extend the total of said taxes upon the assessment roll
202	in columns for that purpose and said levy shall be included in
203	the warrant of said tax assessor attached to the assessment roll
204	of taxes for said Polk County for the year 2004 and each year
205	thereafter.
206	(3) It shall be the duty of the Tax Collector and/or the
207	Clerk of the Circuit Court of Polk County to collect such taxes
208	so levied and assessed in the same manner and at the same time
209	as state and county taxes are collected and they shall pay the
210	same to the treasurer of said district within the same time
211	prescribed for the payment over of state and county taxes.
212	Section 5. (1) All taxes levied and assessed as provided
213	herein shall be due and payable at the same time that state and
214	county taxes are due and payable, shall be delinquent at the
215	same time that state and county taxes become delinquent, and
216	shall thereafter bear 2 percent per month penalties until the
217	tax sale certificate is issued and interest at the rate of 10
218	percent per annum thereafter. The payment of said taxes shall be
219	enforced by the Tax Collector of Polk County and/or the Clerk of
220	the Circuit Court of Polk County, in the same manner and at the
221	same time as state and county taxes are enforced against said
222	lands, provided that in case of sale of said land and the
223	issuance of a tax certificate the said land may be redeemed from
224	the Clerk of the Circuit Court of Polk County, at any time
225	within 1 year from the date thereof by the payment of taxes,
226	penalties, and interest as provided therein, and all costs. If
227	said land is not redeemed within 1 year after date of said tax
228	certificate, the clerk of the circuit court shall issue a tax
229	deed as is now provided for under the general tax law for the
230	issuance of tax deeds for state and county taxes, except that
231	lands owned by a railroad company or companies within said
232	district shall be collected as provided in section 6 of this
233	act.
234	(2) The Tax Assessor, Tax Collector, and Clerk of the
235	Circuit Court of Polk County shall have and receive the same
236	compensation for said assessment and collection of said taxes as
237	is now allowed by law for the assessment and collection of
238	special taxes which shall be allowed and paid out of the taxes
239	so collected.
240	Section 6. It shall be the duty of the Chief Financial
241	Officer of the state to assess all real estate upon which
242	benefits have been assessed and within said Haines City Water
243	Control District belonging to a railroad company or companies,
244	the amount of each levy made and certified to him or her by said
245	board of supervisors of said district, and to collect and
246	enforce the payment of said taxes thereon in the same manner as
247	he or she is required by law to collect and enforce the payment
248	of taxes for state and county and special district purposes and
249	to promptly remit the same to the treasurer of said district.
250	Section 7. Nothing in this act shall be deemed or held to
251	in any manner impair the obligation of any contract heretofore
252	entered into by said district with any person, firm, or
253	corporation, and that any such person, firm or corporation shall
254	have the same rights and may proceed within the same time that
255	he or she, it, or they could have done prior to the passage of
256	this act.
257	Section 8. It is hereby declared to have been the
258	intention of the Legislature in enacting this act that same
259	shall be a cumulative and alternative remedy or procedure for
260	the assessment, collection and enforcement of the payment of
261	said taxes and shall in no way repeal any of the drainage laws
262	of the state now existing.
263	Section 9. The Haines City Water Control District hereby
264	created shall be an independent water control district and a
265	public corporation of this state. The provisions of state law
266	applicable to water control districts or subdistricts which are
267	embodied in chapter 298, Florida Statutes, as it may be amended
268	from time to time, so far as not inconsistent with this act, are
269	hereby declared to be applicable to the Haines City Water
270	Control District. The Haines City Water Control District shall
271	have all of the powers and authorities conferred in this act and
272	chapter 298, Florida Statutes, as they may be amended from time
273	to time.
274	Section 10. In accordance with section 189.404(3), Florida
275	Statutes, the following subsections shall constitute the charter
276	of the Haines City Water Control District:
277	(1) The district is organized and exists for all purposes
278	set forth in this act and, to the degree that it is consistent
279	with this act, chapter 298, Florida Statutes, as they may be
280	amended from time to time.
281	(2) The powers, functions, and duties of the district,
282	including, but not limited to, ad valorem taxation, bond
283	issuance, other revenue-raising capabilities, budget preparation
284	and approval, liens and foreclosure of liens, use of tax deeds
285	and tax certificates as appropriate for non-ad valorem
286	assessments, and contractual agreements, shall be as set forth
287	in this act and, to the degree that they are consistent with
288	this act, chapters 189, 197, and 298, Florida Statutes, or any
289	other applicable general or special law, as they may be amended
290	from time to time.
291	(3) The district was created by special act of the Florida
292	Legislature by chapter 13649 (1929), Laws of Florida, in
293	accordance with chapter 298, Florida Statutes, and is re-created
294	by this act.
295	(4) The district's charter may be amended by a majority of
296	the board of supervisors.
297	(5) In accordance with chapter 189, Florida Statutes, this
298	act, and section 298.11, Florida Statutes, the district is
299	governed by a three-member board, elected on a one-acre, one-
300	vote basis by the landowners in the district. The membership and
301	organization of the board shall be as set forth in this act and,
302	to the degree that it is consistent with this act, chapter 298,
303	Florida Statutes, as they may be amended from time to time.
304	(6) The compensation of board members shall be governed by
305	this act and, to the degree that it is consistent with this act,
306	chapter 298, Florida Statutes, as they may be amended from time
307	to time.
308	(7) The administrative duties of the board of supervisors
309	shall be as set forth in this act and, to the degree that it is
310	consistent with this act, and chapter 298, Florida Statutes, as
311	they may be amended from time to time.
312	(8) Requirements for financial disclosure, meeting
313	notices, reporting, public records maintenance, and per diem
314	expenses for officers and employees shall be as set forth in
315	chapters 112, 119, 189, 286, and 298, Florida Statutes, as they
316	may be amended from time to time.
317	(9) The procedures and requirements governing the issuance
318	of bonds, notes, and other evidence of indebtedness by the
319	district shall be as set forth in chapter 298, Florida Statutes,
320	and applicable general laws, as they may be amended from time to
321	time.
322	(10) The procedures for conducting district elections and
323	for qualification of electors shall be pursuant to this act and,
324	to the degree that they are consistent with this act, chapters
325	189 and 298, Florida Statutes, as they may be amended from time
326	to time.
327	(11) The district may be financed by any method
328	established in this act, chapter 298, Florida Statutes, and
329	applicable general laws, as they may be amended from time to
330	time.
331	(12) The methods for collecting non-ad valorem
332	assessments, fees, or service charges shall be as set forth in
333	this act, and, to the degree that they are consistent with this
334	act, chapters 197 and 298, Florida Statutes, and other
335	applicable general laws, as they may be amended from time to
336	time.
337	(13) The district's planning requirements shall be as set
338	forth in this act only, the district shall not be subject to the
339	additional requirements of chapters 189 and 298, Florida
340	Statutes, as they may be amended from time to time.
341	(14) The district's geographic boundary limitations shall
342	be as set forth in this act.
343	Section 11. If any provision of this act or the
344	application thereof to any person or circumstance is held
345	invalid, the invalidity shall not affect other provisions or
346	applications of the act which can be given effect without the
347	invalid provision or application, and to this end the provisions
348	of this act are declared severable.
349	Section 12. This act shall be construed as a remedial act
350	and shall be liberally construed to promote the purpose for
351	which it is intended.
352	Section 4. Chapters 13649 (1929) and 14517 (1929), Laws of
353	Florida, are repealed.
354	Section 5. This act shall take effect upon becoming a law.