HB 1057

1
A bill to be entitled
2An act relating to Fort Pierce Farms Water Control
3District, St. Lucie County; reestablishing the independent
4special district; re-creating and reenacting a charter;
5codifying, amending, reenacting, and repealing chapters
69981 (1923), 10549 (1925), 12033 (1927), 16032 (1933),
725447 (1949), and 65-1226, Laws of Florida; providing
8district status and boundaries; providing for minimum
9charter requirements; providing for the continued
10existence of the district until a specified date;
11providing for applicability of certain provisions of
12chapters 189 and 298, Florida Statutes, and other general
13laws; ratifying prior acts and circuit court decrees;
14providing for inapplicability of inconsistent acts and
15decrees; providing for liberal construction; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  (1)  The reenactment of existing law in this
21act shall not be construed as a grant of additional authority to
22nor to supersede the authority of any entity pursuant to law.
23Exceptions to law contained in any special act that are
24reenacted pursuant to this act shall continue to apply.
25     (2)  The reenactment of existing law in this act shall not
26be construed to modify, amend, or alter any covenants,
27contracts, or other obligations of the district with respect to
28bonded indebtedness. Nothing pertaining to the reenactment of
29existing law in this act shall be construed to affect the
30ability of the district to levy and collect taxes, assessments,
31fees, or charges for the purpose of redeeming or servicing
32bonded indebtedness of the district.
33     Section 2.  Chapters 9981 (1923), 10549 (1925), 12033
34(1927), 16032 (1933), 25447 (1949), and 65-1226, Laws of
35Florida, are codified, reenacted, amended, and repealed as
36herein provided.
37     Section 3.  The Fort Pierce Farms Water Control District is
38re-created, and the charter for such district is re-created and
39reenacted to read:
40     Section 1.  Status and boundaries of Fort Pierce Farms
41Water Control District.-The Fort Pierce Farms Water Control
42District is hereby declared to be an independent water control
43district and a public corporation of the state pursuant to
44chapter 298, Florida Statutes, and the lands lying within the
45area described as follows in St. Lucie County, shall hereby
46constitute the Fort Pierce Farms Water Control District:
47Beginning at the SE corner of Section 31, Township 34
48South, Range 40 East, run North along the section line
49to the NE corner of the SE 1/4 of Section 30, said
50Township and Range, thence West along the 1/4 section
51line to the NW corner of the NE 1/4 of the SE 1/4 of
52said Section 30, thence North along the 1/4 section
53line to the NE corner of the SW 1/4 of the NE 1/4 of
54said Section 30, thence West along the 1/4 section
55line to the NW corner of the SW 1/4 of the NE 1/4 of
56said Section 30, thence North along the 1/4 section
57line to the NE corner of the NW 1/4 of said Section
5830, thence West along the section line to the NW
59corner of said Section 30, thence North along the
60section line to the NE corner of the SE 1/4 of the SE
611/4 of Section 24, Township 34 South, Range 39 East,
62thence West along the 1/4 section line to the NW
63corner of the SE 1/4 of the SE 1/4 of said Section 24,
64thence North along the 1/4 section line through said
65Section 24, and through Section 13, said Township and
66Range to the NE corner of the SW 1/4 of the NE 1/4 of
67said Section 13, thence west along the 14 section line
68through said Section 13, and Section 14, said Township
69and Range, to the NW corner of the SW 1/4 of the NE
701/4 of said Section 14, thence North along the 1/4
71Section line to the NE corner of the NW 1/4 of said
72Section 14, thence West along the 1/4 section line to
73the NW corner of the NE 1/4 of the NW 1/4 of said
74Section 14, thence North along 1/4 the section line
75through Section 11, and through Section 2, said
76Township and Range, to the NW corner of the NE 1/4 of
77the NW 1/4 of said Section 2, thence West along the
78township line dividing Township 33 and 34, to the NW
79corner of Section 5, Township 34 South, Range 39 East,
80thence South along the West section line of Section 5,
81Section 8 and Section 17, to the SW corner of the NW
821/4 of Section 17, said Township and Range, thence
83East along the 1/4 section line to the NW corner of
84the NE 1/4 of the SW 1/4 of Section 16, said Township
85and Range, thence South along the 1/4 section line to
86the SW corner of the NE 1/4 of SW 1/4 of said Section
8716, thence East along the 1/4 section line to the SE
88corner of the NE 1/4 of the SW 1/4 of said Section 16,
89thence South along the 1/4 section line to the SW
90corner of the SE 1/4 of said Section 16, thence East
91along the 1/4 section line to the NW corner of the NE
921/4 of the NE 1/4 of Section 21, said Township and
93Range, thence South along the 1/4 section line to the
94SW corner of the SE 1/4 of the NE 1/4 of said Section
9521, thence East along the 1/4 section line to the NW
96corner of the E 1/2 of the NW 1/4 of the SW 1/4 of
97Section 22, said Township and Range, and thence South
98to the SW corner of the E 1/2 of the NW 1/4 of the SW
991/4 of said Section 22, the East along the 1/4 section
100line to the NW corner of the E 1/2 of the W 1/2 of SE
1011/4 of SW 1/4 of said Section 22, thence South to the
102SW corner of the E 1/2 of W 1/2 of SE 1/4 of the SW
1031/4 of said Section 22, thence West to the NW corner
104of the NW 1/4 of Section 27, said Township and Range,
105thence South to the NE corner of the SE 1/4 of the NE¼
106of Section 28, said Township and Range, thence West to
107the NW corner of the SW 1/4 of the NE 1/4 of said
108Section 28, thence South along the 1/4 section line to
109the center of said Section 28, thence East along the
1101/4 section line to the center of Section 27, said
111Township and Range, thence East along the 1/4 section
112line to the NW corner of the E 1/2 of the NW 1/4 of
113the SE 1/4 of said Section 27, thence South to the SW
114corner of the E 1/2 of the NW 1/4 of the SE 1/4 of
115said Section 27, thence West along the 1/4 section
116line to the NW corner of the SW 1/4 of the SE 1/4 of
117said Section 27, thence South along the 1/4 section
118line to the SW corner of the SE 1/4 of said Section
11927, thence West along the section line to the NW
120corner of Section 34, said Township and Range, thence
121South along the section line to the SW corner of said
122Section 34, thence East along the township line
123dividing Township 34 and Township 35 to the Point of
124Beginning.
125     Section 2.  Minimum charter requirements.-In accordance
126with section 189.404(3), Florida Statutes, the following are the
127minimum requirements for the charter of the Fort Pierce Farms
128Water Control District:
129     (1)  The district is organized and exists for all purposes
130set forth in this act and chapter 298, Florida Statutes, except
131as otherwise provided herein.
132     (2)  The district shall have all the powers and authorities
133identified in and conferred by this act and chapter 298, Florida
134Statutes, which powers may be exercised as therein authorized.
135With the consent of the county as outlined in a written
136interlocal agreement between the parties, the district may
137assist the county in the implementation of water quality,
138quantity, management, and related components of the flow way, as
139described in the goals, objectives, and policies of the towns,
140villages, and countryside element (TVC) of the St. Lucie County
141comprehensive land use plan.
142     (3)  The powers, functions, and duties of the district
143regarding non-ad valorem assessments, bond issuance, and other
144revenue-raising capabilities, budget preparation and approval,
145liens and foreclosure of liens, use of tax deeds and tax
146certificates as appropriate for non-ad valorem assessments, and
147contractual agreements shall be as set forth in chapters 189,
148197, and 298, Florida Statutes, or any other applicable general
149or special law.
150     (4)  The district was initially created in 1919 by decree
151of the Fifteenth Judicial Circuit in and for St. Lucie County,
152pursuant to the provisions of chapter 6458, Laws of Florida
153(1913).
154     (5)  The district's charter may be amended only by special
155act of the Legislature.
156     (6)  In accordance with chapter 189, Florida Statutes, this
157act, and sections 298.11 and 298.12, Florida Statutes, the
158governing board of the district shall be designated the "Board
159of Supervisors of the Fort Pierce Farms Water Control District"
160and shall be composed of three persons, who shall be qualified
161to hold such office if they are landowners within the district,
162residents of the state, and citizens of the United States,
163elected on a one-acre, one-vote basis by the landowners in the
164district; however, landowners owning less than one acre in the
165aggregate shall be entitled to one vote. Landowners with more
166than one acre shall be entitled to one additional vote for any
167fraction of an acre greater than one-half acre owned, when a
168landowner's acreage has been aggregated for purposes of voting.
169The Board of County Commissioners of St. Lucie County shall have
170the option to appoint one of the members of the board of county
171commissioners to serve as an ex officio representative of the
172district governing board. The membership and organization of the
173governing board shall be as set forth in this charter and
174chapter 298, Florida Statutes, provided this charter controls
175with respect to any inconsistency.
176     (7)  The compensation of the governing board members shall
177be governed by this act and chapter 298, Florida Statutes.
178     (8)  The administrative duties of the governing board shall
179be as set forth in this act and chapter 298, Florida Statutes.
180     (9)  Requirements for financial disclosure, meeting
181notices, reporting, public records maintenance, and per diem
182expenses for district officers and employees shall be as set
183forth in chapters 112, 189, 286, and 298, Florida Statutes, and
184all other applicable general laws of the state.
185     (10)  The procedures and requirements governing the
186issuance of bonds, notes, and other evidence of indebtedness by
187the district shall be as set forth in chapters 189 and 298,
188Florida Statutes, and applicable general laws.
189     (11)  The procedures for conducting district elections or
190referenda and for qualification of electors shall be pursuant to
191chapters 189 and 298, Florida Statutes; however, a quorum for
192purposes of holding the annual meeting or any special meetings
193shall consist of those landowners present in person or
194represented by proxy at said meeting.
195     (12)  The district may be financed by any method
196established in this act, chapter 298, Florida Statutes, and
197other applicable general laws of the state.
198     (13)  The methods for collecting non-ad valorem
199assessments, fees, or service charges shall be as set forth in
200chapters 197 and 298, Florida Statutes, and other applicable
201general laws of the state.
202     (14)  The district's planning requirements shall be as set
203forth in chapters 189 and 298, Florida Statutes.
204     (15)  The district's geographic boundary shall be as set
205forth in this act.
206     Section 3.  Existence.-The district shall exist until
207December 31, 2050.
208     Section 4.  Applicability of certain provisions of chapters
209189 and 298, Florida Statutes; inconsistent laws inapplicable.-
210The provisions of chapters 189 and 298, Florida Statutes, and
211all amendments thereto, now existing or hereafter enacted, shall
212be applicable to the district insofar as not inconsistent with
213the provisions of this act or any subsequent special acts
214relating to the district.
215     Section 5.  Ratification of prior acts and circuit court
216decrees; inconsistent acts and court decrees inapplicable.-All
217the acts and circuit court decrees taken by, for, and on behalf
218of the district since its creation, and all of the acts and
219proceedings of the board of supervisors, commissioners, and all
220other officers and agents of the district acting for and on
221behalf of the district, and any and all tax levies and
222assessments which have been made by the governing board for and
223on behalf of the district, are each and every one of them, and
224each and every part thereof, hereby ratified, validated, and
225confirmed; however, in the event of a conflict of the provisions
226of this act with the provisions of any other act or circuit
227court decree, the provisions of this act shall control to the
228extent of such conflict.
229     Section 6.  Liberal construction.-It is intended that the
230provisions of this act shall be liberally construed for
231accomplishing the work authorized and provided for or intended
232to be provided for by this act, and where strict construction
233would permit or assist in the accomplishment of any part of the
234work authorized by this act, the liberal construction shall be
235chosen.
236     Section 4.  Chapters 9981 (1923), 10549 (1925), 12033
237(1927), 16032 (1933), 25447 (1949), and 65-1226, Laws of
238Florida, are repealed.
239     Section 5.  This act shall take effect upon becoming a law.


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