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Senate Bill 1582

Senate Bill sb1582

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 1582

    By Senator Dockery





    15-1240-04                                          See HB 465

  1                      A bill to be entitled

  2         An act relating to Haines City Water Control

  3         District, Polk County; codifying the district's

  4         charter pursuant to section 189.429, Florida

  5         Statutes; providing legislative intent;

  6         amending, codifying, repealing, and reenacting

  7         all special acts relating to Haines City Water

  8         Control District as a single act; repealing

  9         chapters 13649 (1929) 14517 (1929), Laws of

10         Florida, relating to the Haines City Water

11         Control District; providing an effective date.

12  

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

14  

15         Section 1.  Pursuant to section 189.429, Florida

16  Statutes, this act constitutes the codification of all special

17  acts relating to Haines City Water Control District. It is the

18  intent of the Legislature in enacting this act to provide a

19  single, comprehensive special act charter for the district,

20  including all current legislative authority granted to the

21  district by its several legislative enactments and any

22  additional authority granted by this act. It is the further

23  intent the Legislature that this act preserve all district

24  authority in addition to any authority contained in chapter

25  298, Florida Statutes, as amended from time to time.

26         Section 2.  Chapters 13649 (1929) and 14517 (1929),

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

28  repealed as herein provided.

29         Section 3.  The Haines City Water Control District is

30  re-created and the charter for the district is re-created and

31  reenacted to read:

                                  1

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         Section 1.  For the purposes of comprehensive water

 2  management and control and developing the lands hereinafter

 3  described; managing said lands and water by means of the

 4  construction and maintenance of canals, ditches, levees,

 5  dikes, pumping plants, and other water control works and

 6  improvements; making the lands within said district available

 7  and habitable for settlement and agriculture, and for the

 8  public convenience, welfare, utility, and benefit; and for the

 9  other purposes stated in this act and chapter 298, Florida

10  Statutes, a water control district is hereby created and

11  established in Polk County, Florida, to be known as the Haines

12  City Water Control District.

13         Section 2.  (1)  The territorial boundaries of the

14  district shall be as follows, to wit:

15         Starting at the SE corner of Section 6,

16         Township 28, Range 27, Drainage District

17         boundary, known hereinafter as "line"; run

18         north 1/4 mile, run east 1/4 mile, north

19         approximately 1/2 mile to Winter Haven-Haines

20         City hard road, run northeasterly along hard

21         road to 1/2 mile line of Section 5, Township

22         28, Range 27, run north approximately 1/8 mile

23         to 1/4 corner north boundary Section 5,

24         Township 28, Range 27, run east approximately

25         200 to 300 feet to the SE corner of SW1/4 of

26         SW1/4 Section 32, Township 27, Range 27, run

27         north 1/4 mile, run east 1/4 mile, run north

28         approximately 1/8 mile to hard surfaced road;

29         thence run along hard surfaced road

30         southeasterly to SW corner Lot 20 Alta Vista

31         Add. (Addition to Haines City), east to SE

                                  2

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         corner Lot 15 Alta Vista Addition, south to

 2         south boundary Alta Vista Addition, thence run

 3         east on south boundary of Alta Vista. Add. To

 4         SE corner same addition, thence north along

 5         hard surfaced road approximately 3/4 mile to

 6         northeast corner Section 32, Township 27, Range

 7         27, thence westerly approximately 350 feet to

 8         SE corner Lot 9, Block 80 (original plat Haines

 9         City), thence north 100 feet to NE corner Lot

10         8, Block 80, thence westerly to SE corner Block

11         61, thence north on east side Block 61 to NE

12         corner, thence west to NE corner Lot 1, Block

13         61, thence north to NE corner Lot 8, Block 62,

14         thence west to NW corner Lot 8, Block 59,

15         thence north to NW corner Lot 7, Block 59,

16         thence west to SE corner Lot 8, Block 42 west

17         to SW corner same lot, north to NE corner Lot

18         5, Block 42, west to NW corner Lot 5, Block 42,

19         north on west side Block 42 to NW corner,

20         thence west to NE corner, Block 24, south to SE

21         corner Lot 9, Block 24, west to NW corner Lot

22         8, Block 24, south NE corner, Lot 5, west to NW

23         corner, Lot 5, south to SW corner, Block 24,

24         west to northeast corner of Lot 12, Block "A"

25         and west to NW corner, Lot 8, Block "A", west

26         to NW corner Block 2B, south to NE corner Block

27         2 (Lake Park Add. John L. Moore's property) in

28         SE1/4 of SW1/4 Section 29, Township 27, Range

29         27, thence west to hard surfaced road (Dixie

30         Highway) thence south along hard surfaced road

31         to SE corner Lot 5, Knowlton's Add. To Haines

                                  3

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         City, thence west to SW corner, same lot,

 2         thence north approximately 5/8 mile to NE

 3         corner SW1/4 of SW1/4 Section 29, Township 27,

 4         Range 27, run north approximately 1/4 mile to

 5         center line to Atlantic Coast Line Rail Road

 6         Company's main line, thence follow line of main

 7         line in easterly and northerly direction to

 8         Palmetto Street, thence westerly on north edge

 9         of said street to southwest corner of Lot 3,

10         Block E, thence northerly to northwest corner

11         Lot 4, Block E, thence across Cedar Street to

12         Ash Street, northwest corner of Lot 4, Block F,

13         thence along Ash Street to southeast corner of

14         Lot 2, Block G, thence to Northwest corner Lot

15         4, Block G, thence along Vine Street to

16         southeast corner of Lot 10, thence northerly to

17         SE corner Block 34, thence north on 5th Street

18         to NE corner Lot 13. Block 34, thence west to

19         4th Street, thence to NE corner, Block 31,

20         thence along Haines Avenue to the 1/2 Section

21         line of Section 29, (Polk City Road), thence

22         north 3/4 mile to the NE corner SE1/4 of NW1/4

23         Section 20, thence west 1/2 mile to west

24         boundary Section 20, thence south 1/8 mile,

25         thence west 1/2 mile. Thence south on center

26         line of Section 19 and Section 30 to A.C.L.

27         right-of-way, thence southeast along north

28         boundary of said  right-of-way to a point north

29         of the NE corner of Lot 1, Block 2, Pinehurst

30         Sub-division, thence south across R.R.

31         right-of-way, and Lee-Jackson Highway to

                                  4

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         northeast corner of said Lot 1, thence westerly

 2         153.4 feet to the NW corner Lot 1, Block 2,

 3         (same Sub.), thence southerly 160 feet to Lake

 4         Street, thence easterly along Lake Street to

 5         the east boundary Pinehurst Sub. Thence south

 6         along east boundary to Moss street, thence

 7         northwesterly along Moss Street to Indiana

 8         Avenue, (NW cor. Block 5, Pinehurst Sub.),

 9         thence west to NW corner Block 7, Lake

10         Confusion Height (subdivision), thence south to

11         SW corner Block 7, (same Sub.), thence west to

12         west boundary of Section 30, thence south to SW

13         corner Section 30, thence east 1/4 mile to NE

14         corner of NW1/4 of NW1/4 Section 31, thence

15         south 1/4 mile, thence east 3/8 mile, thence

16         south 1/2 mile, thence west 1/8 mile, thence

17         south 1/4 mile to south boundary Section 31,

18         Township 27, Range 27, thence jog west 200 to

19         300 feet (approximately) to the NW corner of

20         NE1/4 of NE1/4 Section 6, Township 28, Range

21         27, thence south one mile, thence east 1/4 mile

22         to place of beginning

23         (2)  It is hereby determined, declared, and enacted

24  that said lands in their present condition require

25  comprehensive water control and management for proper use and

26  development, and that water control for the purpose of

27  irrigation, reclamation, and flood protection of said lands

28  and the creation of the district with the power vested in it

29  by this act and chapter 298, Florida Statutes, as they may be

30  amended from time to time, is in the interest of and conducive

31  to public welfare, health, and convenience.

                                  5

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         Section 3.  The Board of Supervisors of the Haines City

 2  Water Control District of Polk County is hereby authorized to

 3  levy upon all the lands within said district against which

 4  benefits have been assessed for the year 2004 and each year

 5  thereafter, the annual installment of drainage taxes and

 6  maintenance taxes as provided for under chapter 298, Florida

 7  Statutes, and this act, and it shall certify for the year 2004

 8  and each year thereafter said annual installment of drainage

 9  taxes and maintenance taxes in the name of its president and

10  secretary and under its corporate seal, to the Tax Assessor of

11  Polk County, the Board of County Commissioners of Polk County,

12  and the Comptroller of the state, not later than the first

13  Monday in August. The certificate of said levy shall be

14  evidenced in substantially the following form:

15                         STATE OF FLORIDA

16                          COUNTY OF POLK

17  This is to certify that by virtue and authority of chapter

18  298, Florida Statutes, and this act, the Board of Supervisors

19  of Haines City Water Control District has and does hereby levy

20  the sum of $(_____) as the annual installment of taxes for the

21  year (____)  of the total tax levied under the provisions of

22  chapter 298, Florida Statutes, and this act, which said total

23  tax has heretofore been certified to the Clerk of the Circuit

24  Court of Polk County; the said board of supervisors, by and

25  under authority of chapter 298, Florida Statutes, and this

26  act, has levied also the sum of $(____) as maintenance tax for

27  said year as annual installment of tax and maintenance tax on

28  the lands within said district against which benefits have

29  been assessed as set out in the following table in which are:

30  

31  

                                  6

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         1.  The name of the present owner of said lands or as

 2  they appear in the records of the Polk County Property

 3  Appraiser.

 4         2.  The description of said land opposite the name of

 5  said owners.

 6         3.  The amount of said annual installment of taxes

 7  levied on each tract of land.  $(______).

 8         4.  The amount of said maintenance tax levied against

 9  the same.

10         5.  The total amount of said tax so levied.

11         WITNESS the signature of the president of said board of

12  supervisors attested by the signature of the secretary of said

13  board and the seal of said district being affixed, this(_____)

14  day of( ______________________ )A.D. 20(  ).

15  

16         President of said board of supervisors of said

17         district.(Corporate Seal)

18  

19         Attest:(_________________________________)Secretary of

20  said board of supervisors of said district.

21         Section 4.  (1)  It shall be the duty of the Board of

22  County Commissioners of Polk County to order the tax assessor

23  of said county to assess and the tax collector of said county

24  to collect the amount of the annual installment and

25  maintenance taxes levied for the year 2004 and each subsequent

26  year upon the lands within said district as the same shall be

27  certified to said tax assessor by the Board of Supervisors of

28  the Haines City Water Control District as hereinbefore

29  provided.

30         (2)  It shall be the duty of the tax assessor of the

31  county to assess against each tract of land within said

                                  7

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1  district against which benefits have been assessed as the same

 2  is certified to him or her each year, the taxes as levied and

 3  certified by said board of supervisors as herein above

 4  provided and to extend the total of said taxes upon the

 5  assessment roll in columns for that purpose and said levy

 6  shall be included in the warrant of said tax assessor attached

 7  to the assessment roll of taxes for said Polk County for the

 8  year 2004 and each year thereafter.

 9         (3)  It shall be the duty of the Tax Collector and/or

10  the Clerk of the Circuit Court of Polk County to collect such

11  taxes so levied and assessed in the same manner and at the

12  same time as state and county taxes are collected and they

13  shall pay the same to the treasurer of said district within

14  the same time prescribed for the payment over of state and

15  county taxes.

16         Section 5.  (1)  All taxes levied and assessed as

17  provided herein shall be due and payable at the same time that

18  state and county taxes are due and payable, shall be

19  delinquent at the same time that state and county taxes become

20  delinquent, and shall thereafter bear 2 percent per month

21  penalties until the tax sale certificate is issued and

22  interest at the rate of 10 percent per annum thereafter. The

23  payment of said taxes shall be enforced by the Tax Collector

24  of Polk County and/or the Clerk of the Circuit Court of Polk

25  County, in the same manner and at the same time as state and

26  county taxes are enforced against said lands, provided that in

27  case of sale of said land and the issuance of a tax

28  certificate the said land may be redeemed from the Clerk of

29  the Circuit Court of Polk County, at any time within 1 year

30  from the date thereof by the payment of taxes, penalties, and

31  interest as provided therein, and all costs. If said land is

                                  8

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1  not redeemed within 1 year after date of said tax certificate,

 2  the clerk of the circuit court shall issue a tax deed as is

 3  now provided for under the general tax law for the issuance of

 4  tax deeds for state and county taxes, except that lands owned

 5  by a railroad company or companies within said district shall

 6  be collected as provided in section 6 of this act.

 7         (2)  The Tax Assessor, Tax Collector, and Clerk of the

 8  Circuit Court of Polk County shall have and receive the same

 9  compensation for said assessment and collection of said taxes

10  as is now allowed by law for the assessment and collection of

11  special taxes which shall be allowed and paid out of the taxes

12  so collected.

13         Section 6.  It shall be the duty of the Chief Financial

14  Officer of the state to assess all real estate upon which

15  benefits have been assessed and within said Haines City Water

16  Control District belonging to a railroad company or companies,

17  the amount of each levy made and certified to him or her by

18  said board of supervisors of said district, and to collect and

19  enforce the payment of said taxes thereon in the same manner

20  as he or she is required by law to collect and enforce the

21  payment of taxes for state and county and special district

22  purposes and to promptly remit the same to the treasurer of

23  said district.

24         Section 7.  Nothing in this act shall be deemed or held

25  to in any manner impair the obligation of any contract

26  heretofore entered into by said district with any person,

27  firm, or corporation, and that any such person, firm or

28  corporation shall have the same rights and may proceed within

29  the same time that he or she, it, or they could have done

30  prior to the passage of this act.

31  

                                  9

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         Section 8.  It is hereby declared to have been the

 2  intention of the Legislature in enacting this act that same

 3  shall be a cumulative and alternative remedy or procedure for

 4  the assessment, collection and enforcement of the payment of

 5  said taxes and shall in no way repeal any of the drainage laws

 6  of the state now existing.

 7         Section 9.  The Haines City Water Control District

 8  hereby created shall be an independent water control district

 9  and a public corporation of this state. The provisions of

10  state law applicable to water control districts or

11  subdistricts which are embodied in chapter 298, Florida

12  Statutes, as it may be amended from time to time, so far as

13  not inconsistent with this act, are hereby declared to be

14  applicable to the Haines City Water Control District. The

15  Haines City Water Control District shall have all of the

16  powers and authorities conferred in this act and chapter 298,

17  Florida Statutes, as they may be amended from time to time.

18         Section 10.  In accordance with section 189.404(3),

19  Florida Statutes, the following subsections shall constitute

20  the charter of the Haines City Water Control District:

21         (1)  The district is organized and exists for all

22  purposes set forth in this act and, to the degree that it is

23  consistent with this act, chapter 298, Florida Statutes, as

24  they may be amended from time to time.

25         (2)  The powers, functions, and duties of the district,

26  including, but not limited to, ad valorem taxation, bond

27  issuance, other revenue-raising capabilities, budget

28  preparation and approval, liens and foreclosure of liens, use

29  of tax deeds and tax certificates as appropriate for non-ad

30  valorem assessments, and contractual agreements, shall be as

31  set forth in this act and, to the degree that they are

                                  10

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1  consistent with this act, chapters 189, 197, and 298, Florida

 2  Statutes, or any other applicable general or special law, as

 3  they may be amended from time to time.

 4         (3)  The district was created by special act of the

 5  Florida Legislature by chapter 13649 (1929), Laws of Florida,

 6  in accordance with chapter 298, Florida Statutes, and is

 7  re-created by this act.

 8         (4)  The district's charter may be amended by a

 9  majority of the board of supervisors.

10         (5)  In accordance with chapter 189, Florida Statutes,

11  this act, and section 298.11, Florida Statutes, the district

12  is governed by a three-member board, elected on a one-acre,

13  one-vote basis by the landowners in the district. The

14  membership and organization of the board shall be as set forth

15  in this act and, to the degree that it is consistent with this

16  act, chapter 298, Florida Statutes, as they may be amended

17  from time to time.

18         (6)  The compensation of board members shall be

19  governed by this act and, to the degree that it is consistent

20  with this act, chapter 298, Florida Statutes, as they may be

21  amended from time to time.

22         (7)  The administrative duties of the board of

23  supervisors shall be as set forth in this act and, to the

24  degree that it is consistent with this act, and chapter 298,

25  Florida Statutes, as they may be amended from time to time.

26         (8)  Requirements for financial disclosure, meeting

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

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

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

30  they may be amended from time to time.

31  

                                  11

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1         (9)  The procedures and requirements governing the

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

 3  by the district shall be as set forth in chapter 298, Florida

 4  Statutes, and applicable general laws, as they may be amended

 5  from time to time.

 6         (10)  The procedures for conducting district elections

 7  and for qualification of electors shall be pursuant to this

 8  act and, to the degree that they are consistent with this act,

 9  chapters 189 and 298, Florida Statutes, as they may be amended

10  from time to time.

11         (11)  The district may be financed by any method

12  established in this act, chapter 298, Florida Statutes, and

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

14  time.

15         (12)  The methods for collecting non-ad valorem

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

17  this act, and, to the degree that they are consistent with

18  this act, chapters 197 and 298, Florida Statutes, and other

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

20  time.

21         (13)  The district's planning requirements shall be as

22  set forth in this act only, the district shall not be subject

23  to the additional requirements of chapters 189 and 298,

24  Florida Statutes, as they may be amended from time to time.

25         (14)  The district's geographic boundary limitations

26  shall be as set forth in this act.

27         Section 11.  If any provision of this act or the

28  application thereof to any person or circumstance is held

29  invalid, the invalidity shall not affect other provisions or

30  applications of the act which can be given effect without the

31  

                                  12

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    Florida Senate - 2004        (NP)                      SB 1582
    15-1240-04                                          See HB 465




 1  invalid provision or application, and to this end the

 2  provisions of this act are declared severable.

 3         Section 12.  This act shall be construed as a remedial

 4  act and shall be liberally construed to promote the purpose

 5  for which it is intended.

 6         Section 4.  Chapters 13649 (1929) and 14517 (1929),

 7  Laws of Florida, are repealed.

 8         Section 5.  This act shall take effect upon becoming a

 9  law.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

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31  

                                  13

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