HB 0465

CS

CHAMBER ACTION

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30	Florida, are amended, codified, reenacted, and repealed as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

CODING: Words stricken are deletions; words underlined are additions.