HB 0765

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Polk County; abolishing the Peace Creek
7	Drainage District; amending the charter of the Lake Region
8	Lakes Management District, as reenacted and amended by
9	chapter 2004-393, Laws of Florida; redefining the
10	territorial boundaries of the district; clarifying
11	eligibility to vote for members of the board of
12	commissioners of the district; revising the authority of
13	the district to perform certain works on its property;
14	limiting tax assessments; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  The Peace Creek Drainage District, a district
19	existing under chapter 298, Florida Statutes, is abolished on
20	July 1, 2005.
21	Section 2.  Section 1 of the charter of the Lake Region
22	Lakes Management District, as reenacted and amended by section 3
23	of chapter 2004-393, Laws of Florida, is amended to read:
24	Section 1.  Purpose and territorial boundaries.--That for
25	the purpose of acquiring, constructing, operating, maintaining,
26	and protecting a system of boat canals, drainage canals; dams,
27	locks, and other proper and necessary works in connection
28	therewith, for the purpose of aiding in flood control, lake
29	level management, and protecting, maintaining, and improving the
30	water quality in the lakes and canals in conjunction with state,
31	county, and city agencies, for the purpose of connecting the
32	lakes within or adjacent to the boundaries hereinafter
33	prescribed, and for moving waters out of such lakes, and for the
34	purpose of promoting access to the lakes and the public
35	convenience, utility, and welfare, the Lake Region Lakes
36	Management District (the "district"), in Polk County has been
37	created and established, and is hereby confirmed, as an
38	independent special district.,  The territorial boundaries of
39	which are as follows, to wit:
40	(1)  Beginning at the center of east line of
41	section 2, or township twenty-eight (28) south, of
42	range twenty-six (26) east; thence south with section
43	line between section one (1) and two (2), eleven (11)
44	and twelve (12), thirteen (13) and fourteen (14),
45	twenty-three (23) and twenty-four (24), to the
46	northeast corner of section twenty-six (26) said
47	township and range; Thence east on section line to
48	northeast corner of northwest quarter of section
49	twenty-five (25), thence south with the half section
50	line to the center of section thirteen (13), township
51	29 south, range 26 east; Thence west on the half
52	section line to the southwest corner of the northwest
53	quarter of section line to the southwest corner of the
54	northwest quarter of section sixteen (16) said
55	township and range; Thence north with section line to
56	the northwest corner of the southwest quarter of
57	section four (4), said township and range; Thence west
58	with the half section line to center of section six
59	(6) said township and range; Thence north with half
60	section line to the northwest corner of northeast
61	quarter (NE 1/4) of section thirty-one (31), township
62	28 south, range 26 east; Thence west with section line
63	to southeast corner of section twenty-five (25),
64	township 28 south, range 25 east; Thence north with
65	the section line to the northeast corner of section
66	twenty-four (24), said township and range; Thence west
67	to center of north line of section twenty-four (24);
68	thence north with half section line to center of
69	section one (1), township 28, range 25; Thence east
70	with the half section line to the northeast corner of
71	southeast quarter (SE 1/4) of section two (2),
72	township 28 south, range 26 east, the point of
73	beginning; embracing within said district the
74	following lands, viz; The south half of sections two,
75	three, four, five and six and all of sections seven,
76	eight, nine, ten, eleven, fourteen, fifteen, sixteen,
77	seventeen, eighteen, nineteen, twenty, twenty-one,
78	twenty-two, twenty-three, twenty-six, twenty-seven,
79	twenty-eight, twenty-nine, thirty, thirty-two, thirty-
80	three, thirty-four, and thirty-five and the west half
81	of sections twenty-five and thirty-six and the east
82	half of section thirty-one in township 28 south, range
83	26 east and all of sections two, three, four, nine,
84	ten and eleven, and the west half of sections one and
85	twelve and the north half of sections five, fourteen,
86	fifteen and sixteen and the northeast quarter of
87	section six and the northwest quarter of section
88	thirteen in township 29 south, range 26 east, and the
89	east half of sections twelve and thirteen, and the
90	southeast quarter of section one in township 28 south,
91	range 25 east.
92	And:
93	Beginning at the Northwest corner of Section 2,
94	Township 28 South, Range 26 East, Polk County,
95	Florida;
96	Run thence Easterly, along the north line thereof, to
97	the Northeast corner of the West one-half of the
98	Northeast quarter of said Section 2;
99	Thence Southerly, along said east line of the west
100	one-half of the Northeast quarter of said Section 2,
101	to the Southeast corner thereof;
102	Thence Westerly, along the south line of the west one-
103	half of the Northeast quarter and the south line of
104	the Northwest quarter of said Section 2, to the
105	Southeast corner of the north one-half of Section 3,
106	Township 28 South, Range 26 East;
107	Thence continue Westerly, along the south line of the
108	North one-half of said Section 3, to the southeast
109	corner of the north one-half of Section 4, Township 28
110	South, Range 26 East;
111	Thence continue Westerly, along the south line of the
112	north one-half of said Section 4, to the southeast
113	corner of the north one-half of Section 5, Township 28
114	South, Range 26 East;
115	Thence continue Westerly, along the south line of the
116	north one-half of said Section 5, to the southeast
117	corner of the north one-half of Section 6, Township 28
118	South, Range 26 East;
119	Thence continue Westerly, along the south line of the
120	north one-half of said Section 6, to the southeast
121	corner of the Northeast quarter of Section 1, Township
122	28 South, Range 25 East;
123	Thence continue Westerly, along the south line of the
124	Northeast quarter and the south line of the Northwest
125	quarter of said Section 1, to the southwest corner of
126	the East one-half of the Northwest quarter of said
127	Section 1;
128	Thence Northerly, along the west line of the East one-
129	half of the Northwest quarter of said Section 1, to
130	the northwest corner thereof;
131	Thence Easterly, along the north line of the East one-
132	half of the Northwest quarter of said Section 1, to
133	the southwest corner of the South one-half of the
134	Southeast quarter of Section 36, Township 27 South,
135	Range 25 East;
136	Thence Northerly, along the west line of the South
137	one-half of the Southeast quarter of said Section 36,
138	to the northwest corner thereof;
139	Thence Easterly, along the north line of the South
140	one-half of the Southeast quarter of said Section 36,
141	to the northeast corner thereof, also being a point on
142	the westerly line of Section 31, Township 27 South,
143	Range 26 East;
144	Thence Northerly, along the west line of said Section
145	31, to the southwest corner of Section 30, Township 27
146	South, Range 26 East;
147	Thence continue Northerly, along the west line of said
148	Section 30, to the southwest corner of Section 19,
149	Township 27 South, Range 26 East;
150	Thence continue Northerly, along the west line of said
151	Section 19, to the northwest corner thereof;
152	Thence Easterly, along the north line of said Section
153	19, to the northwest corner of Section 20, Township 27
154	South, Range 26 East;
155	Thence continue Easterly, along the north line of said
156	Section 20, to the southwest corner of the Southeast
157	quarter of the Southeast quarter of Section 17,
158	Township 27 South, Range 26 East;
159	Thence Northerly, along the west line of the Southeast
160	quarter of the Southeast quarter of said Section 17,
161	to the northwest corner thereof;
162	Thence Easterly, along the north line of the Southeast
163	quarter of the Southeast quarter of said Section 17,
164	to the northeast corner thereof;
165	Thence Southerly, along the east line of the Southeast
166	quarter of the Southeast quarter of said Section 17,
167	to the Northwest corner of Section 21, Township 27
168	South, Range 26 East;
169	Thence Easterly, along the north line of said Section
170	21, to the northeast corner thereof;
171	Thence Southerly, along the east line of said Section
172	21, to the northwest corner of the Southwest quarter
173	of Section 22, Township 27 South, Range 26 East;
174	Thence Easterly, along the north line of the Southwest
175	quarter of said Section 22, to the northeast corner
176	thereof;
177	Thence Southerly, along the east line of the Southwest
178	quarter of said Section 22, to the southeast corner
179	thereof, also being a point on the north line of
180	Section 27, Township 27 South, Range 26 East;
181	Thence Easterly, along the north line of said Section
182	27, to the northeast corner thereof;
183	Thence Southerly, along the east line of said Section
184	27, to the northeast corner of Section 34, Township 27
185	South, Range 26 East;
186	Thence continue Southerly, along the east line of said
187	Section 34, to the southeast corner thereof and the
188	Point of Beginning.
189	(2)  Begin at the southwest corner of Section 24,
190	Township 28 South, Range 26 East;
191	Thence east along the south line of Section 24 to the
192	Southwest corner of Section 19, Township 28 South,
193	Range 27 East;
194	Thence east along the south line of Sections 19 and
195	20, said Township and Range, to the intersection with
196	the centerline of U.S. Highway 27 (State Road 25);
197	Thence northerly along said centerline through
198	Sections 20 and 17, said Township and Range, to the
199	intersection with the south line of Section 8, said
200	Township and Range;
201	Thence east along said south line to the southwest
202	corner of Section 9, said Township and Range;
203	Thence north along the west line of said Section 9 to
204	the Southwest corner of the west half of the northwest
205	quarter of said Section 9;
206	Thence east to the southeast corner of said west half;
207	Thence north along the east line of said west half and
208	along the east line of the west one quarter of Section
209	4, said Township and Range to the north line of said
210	Section 4;
211	Thence west along the north line of said Section 4 and
212	Sections 5 and 6, said Township and Range, to the
213	intersection with the centerline of said U.S. Highway
214	27;
215	Thence northerly along said centerline through
216	Sections 31 and 30, Township 27 South, Range 27 East
217	to the intersection with the centerline of U.S.
218	Highway 92;
219	Thence westerly along said centerline through said
220	Section 30 and through Sections 25 and 26, Township 27
221	South, Range 26 East to the intersection with the west
222	line of said Section 26;
223	Thence south along the west line of said Section 26
224	and Section 35, said Township and Range, to the
225	southwest corner of said Section 35 and a point on the
226	north line of Section 2, Township 28 South, Range 26
227	East;
228	Thence east along the north line of said Section 2 to
229	the Northwest corner of the east half of the northeast
230	quarter of said Section 2;
231	Thence south to the southwest corner of said east
232	half;
233	Thence east to the southeast corner of the northeast
234	quarter of said Section 2;
235	Thence south along the east lines of said Section 2
236	and Sections 11, 14 and 23, said Township and Range to
237	the Point of Beginning.
238	All of the above lands lying in Polk County, Florida.
239	Section 3.  Section 2 of the charter of the Lake Region
240	Lakes Management District, as reenacted and amended by section 3
241	of chapter 2004-393, Laws of Florida, is amended to read:
242	Section 2.  Elections.--The governing body of the district
243	shall consist of three commissioners who must shall be qualified
244	electors residing within the said district, and they shall be
245	known and designated as the "Board of Commissioners of the Lake
246	Region Lakes Management District." The board of commissioners
247	shall be the governing body of the district, whose duty,
248	authority, and power shall be as provided in this act. Each
249	present commissioner shall continue to hold office until his or
250	her current term expires in 1990. For the purposes of
251	qualification and running for office in 1990 and thereafter,
252	commission seats shall be designated as seat 1, seat 2, and seat
253	3. Members elected to seats 1 and 3 at the 1990 general election
254	shall hold office for a period of 4 years until the general
255	election in 1994. The member elected to seat 2 shall hold office
256	for a period of 2 years until the general election of 1992
257	whereupon the member elected for that seat in 1992 shall hold
258	office for a period of 4 years. Thereafter, all commissioners
259	shall hold office for terms of 4 years each. At the general
260	election every 4 years, a successor shall be elected by the
261	electors of the district as redefined in this act. Members shall
262	be elected in a nonpartisan fashion with no political party
263	affiliation shown on the ballot, and must receive a majority
264	vote of those electors voting in the election. Election of
265	members shall be held at the same time as the first primary
266	election as provided by law. If no candidate receives a majority
267	of the votes cast in such primary, a runoff election of the two
268	candidates receiving the greatest number of votes will be held
269	at the same time as the general election. Elected commissioners
270	shall take office on the first Tuesday following the first
271	Monday in January following their election.
272	Section 4.  Paragraph (d) of subsection (1) of section 3 of
273	the charter of the Lake Region Lakes Management District, as
274	reenacted and amended by section 3 of chapter 2004-393, Laws of
275	Florida, is amended to read:
276	Section 3.  General powers and authority.--
277	(1)  The board of commissioners is authorized and
278	empowered:
279	(d)  To beautify and maintain the rights-of-way, canal
280	banks and berms, lakes, public lake shores, and other property
281	of the district as may enhance the appearance thereof and be
282	beneficial to the property of the district. To the extent this
283	work takes place on property owned by private entities or other
284	public agencies, the prior permissions of such entities or
285	agencies shall be required.
286	Section 5.  Subsection (5) is added to section 8 of the
287	charter of the Lake Region Lakes Management District, as
288	reenacted and amended by section 3 of chapter 2004-393, Laws of
289	Florida, to read:
290	Section 8.  Taxes.--
291	(5)  Taxes for those residents located within newly created
292	boundaries shall not be levied until January 1, 2007.
293	Section 6.  This act shall take effect July 1, 2005.

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