Florida 2022 Regular Session

Florida House Bill H1105 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12		-	1
	12	+	A bill to be entitled 1
13	13		An act relating to the Lake County Water District, 2
14	14		Lake County; amending ch. 2005 -314, Laws of Florida, 3
15	15		as amended; providing an exception to general law; 4
16	16		revising the purpose of the district; providing that 5
17	17		the district is a dependent special taxing district; 6
18	18		providing for the appointment of members to the board 7
19	19		of advisors; deleting provisions relating to the 8
20	20		development, ownership, maintenance, or operati on of 9
21	21		certain parks by the Lake County Water Authority and 10
22	22		authorizing the board of advisors to sell or donate 11
23	23		land for parks to certain entities under certain 12
24	24		circumstances; requiring the Board of County 13
25	25		Commissioners of Lake County to consider and approv e, 14
26	26		modify, or reject the annual budget and millage 15
27	27		proposed by the board of advisors and approve the 16
28	28		district's final budget and millage; requiring 17
29	29		district revenues to be used only for specified 18
30	30		purposes; providing for initial appointments to the 19
31	31		board of advisors and staggered terms; revising 20
32	32		construction; providing that all special acts 21
33	33		comprising the charter of the district are ordinances 22
34	34		of Lake County and may be revised, amended, or 23
35	35		repealed by the board of county commissioners; 24
36	36		providing an effective date. 25
37		-	~~ENROLLED~~
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45	45		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
46	46
47	47		26
48	48		Be It Enacted by the Legislature of the State of Florida: 27
49	49		28
50	50		Section 1. Sections 1, 2, 3, 4, 8, subsections (a), (b), 29
51	51		(c), (d), (g), (h), (i), and (j) of section 9, sections 10, 11, 30
52	52		12, and 13, subsection (b) of section 14, and sections 15, 1 6, 31
53	53		17, and 18 of section 3 of chapter 2005 -314, Laws of Florida, as 32
54	54		amended by chapter 2017 -218, Laws of Florida, are amended to 33
55	55		read: 34
56	56		Section 1. Purpose. —For the purposes of controlling and 35
57	57		conserving the freshwater resources of Lake County; fostering 36
58	58		improvements to streams, lakes, and canals in the county; 37
59	59		improving the fish and aquatic wildlife of the county by 38
60	60		improving the streams, lakes, and canals in the county; and 39
61	61		protecting the freshwater resources of Lake County through 40
62	62		assisting local gover nments in treating of stormwater runoff, 41
63	63		notwithstanding any other law to the contrary, there is created 42
64	64		and incorporated a dependent special taxing district extending 43
65	65		territorially throughout the present limits of Lake County, 44
66	66		Florida. The district shall be known and designated as the "Lake 45
67	67		County Water District Authority," but shall hereafter in this 46
68	68		act, for convenience, be referred to as "the district 47
69	69		authority." 48
70	70		Section 2. Territorial limits. —The territorial limits of 49
71	71		the district authority shall be coterminous with the boundaries 50
72		-	~~ENROLLED~~
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80	80		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
81	81
82	82		of Lake County. 51
83	83		Section 3. County purpose. —Each of the purposes for which 52
84	84		the district authority is created is declared to be a county 53
85	85		purpose, for the accomplishment of which taxes upon all real and 54
86	86		personal property within the territorial limits of the district 55
87	87		authority are by this act authorized to be levied, assessed, and 56
88	88		collected. 57
89	89		Section 4. Governing board; elections; surety.—A governing 58
90	90		body for the district authority is created, consisting of five 59
91	91		seven members who are residents of Lake County, which body shall 60
92	92		be known and designated as the "Board of Advisors Trustees of 61
93	93		the Lake County Water District Authority," but which shall be 62
94	94		referred to as "the board." The Board of County Commissioners of 63
95	95		Lake County shall appoint each member of the board. Five of The 64
96	96		members must each reside in a separate geographic area identical 65
97	97		to a county commission district , to be elected by the electors 66
98	98		of the county at large ; no two such members shall reside in the 67
99	99		same county commission district. Members shall serve for a term 68
100	100		of 4 years; however, for the purpose of providing staggered 69
101	101		terms, the initial appointment of three Two of the members will 70
102	102		be elected by the electors of the county at large without regard 71
103	103		to their residence. The members of the board shall be elected by 72
104	104		the electors of Lake County in partisan elections. Each member 73
105	105		shall be elected for a term of 4 years and two members shall be 74
106	106		for a term of 2 years. , except that A person may not be 75
107		-	~~ENROLLED~~
108		-	HB 1105 2022 ~~Legislature~~
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115	115		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
116	116
117	117		appointed elected to more than two consecutive 4 -year terms. At 76
118	118		the first meeting in December of each year or, during a year in 77
119	119		which there is a general election, at a meeting held no later 78
120	120		than 30 days after the general election if the meeting and the 79
121	121		election of officers have been advertised properly , the board 80
122	122		shall select one of their number as chair and one as vice chair 81
123	123		of the board. The Clerk of the Circuit Court of Lake County 82
124	124		shall act as secretary and treasurer of the board without any 83
125	125		additional compensation. In the event the provision pertaining 84
126	126		to the duties of the clerk of the circuit court is for any 85
127	127		reason held to be invalid, the board may select one of its 86
128	128		members to serve as its secretary and treasurer, or it may 87
129	129		appoint a nonmember of the board as its secr etary and treasurer, 88
130	130		and such nonmember shall receive compensation commensurate with 89
131	131		the responsibilities as determined by the board. The board may 90
132	132		shall select a nonmember to serve as executive director of the 91
133	133		board authority, and such nonmember shall rec eive compensation 92
134	134		commensurate with the responsibilities as determined by the 93
135	135		board. The board shall require a surety bond of any person, 94
136	136		including the clerk of the circuit court, who shall act as 95
137	137		secretary and treasurer of the board. The amount of the sur ety 96
138	138		bond will be determined by the board. This bond shall be in 97
139	139		addition to any bond furnished by such person as clerk of the 98
140	140		circuit court or as a member of the board. The premium of the 99
141	141		bond shall be paid by the board as a necessary expense of 100
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150	150		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
151	151
152	152		operation. 101
153	153		Section 8. Expenses. —Each member of the board and its 102
154	154		engineers, auditors, attorneys, agents, and employees shall be 103
155	155		paid their actual expenses incurred when engaged on business of 104
156	156		the district authority, but such expenses shall not be paid 105
157	157		unless payment has been authorized and approved. The board may 106
158	158		authorize and approve the payment of any expense, or it may 107
159	159		delegate to the executive director the power to authorize such 108
160	160		payment as long as, at the time it makes the delegation, it 109
161	161		approves parameters, including, but not limited to, parameters 110
162	162		on the amount that may be expended, within which the executive 111
163	163		director may exercise that power. A separate delegation must be 112
164	164		made with respect to any expenditure or class of expenditures. 113
165	165		Section 9. Powers o f district authority.— 114
166	166		(a) The board has all the powers of a body corporate, 115
167	167		including, but not limited to, the power to sue and be sued; to 116
168	168		make contracts; to adopt and use a common seal and to alter the 117
169	169		same as deemed expedient; to buy, acquire, sell, own, use, 118
170	170		control, operate, improve, and lease all land and personal 119
171	171		property as the board deems necessary or proper in carrying out 120
172	172		the provisions of this act; to appoint and employ, and dismiss 121
173	173		at pleasure, such engineers, auditors, attorneys, and other 122
174	174		employees and agents as the board may require, and to fix and 123
175	175		pay the compensation thereof; to establish an office for the 124
176	176		transaction of its business in Lake County and to pay all 125
177		-	~~ENROLLED~~
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185	185		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
186	186
187	187		necessary costs and expenses directly required for incident to 126
188	188		the administration and operation thereof; and to pay only those 127
189	189		all other costs and expenses directly required to carry 128
190	190		reasonably necessary or expedient in carrying out and accomplish 129
191	191		accomplishing the express purposes of this act. 130
192	192		(b) The district authority may acquire by purchase, gift, 131
193	193		lease, or in any other manner other than condemnation or eminent 132
194	194		domain such lands within the territorial extent of the district 133
195	195		authority as are reasonably necessary for constructing and 134
196	196		maintaining the works and making the improv ements required to 135
197	197		carry out the intent of this act, including the right to acquire 136
198	198		such lands and any interest therein reasonably necessary for any 137
199	199		such purpose which may already be devoted to public use for 138
200	200		county, municipal, district, railroad, or publi c utility 139
201	201		purposes where and to the extent that the same may cross, 140
202	202		intersect, or be situate upon or within the area of such land 141
203	203		hereinbefore referred to. The district authority shall also have 142
204	204		the right to acquire by purchase, gift, lease, or in any othe r 143
205	205		manner other than condemnation or eminent domain land, timber, 144
206	206		earth, rock, and other materials or property, and property 145
207	207		rights, including riparian rights, in such amounts as are 146
208	208		reasonably necessary or useful in the development of the works 147
209	209		or improvements before referred to. The board may sell or 148
210	210		otherwise reasonably dispose of property deemed by the district 149
211	211		authority as no longer useful to its purpose or works. 150
212		-	~~ENROLLED~~
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220	220		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
221	221
222	222		(c) In addition to all other powers conferred upon the 151
223	223		board by this act, the board may enlarge, change, modify, or 152
224	224		improve any stream, lake, or canal within the territorial limits 153
225	225		of the district authority and may clean out, straighten, 154
226	226		enlarge, or change the course of any waterway or canal, natural 155
227	227		or artificial, within the territorial limits of the district 156
228	228		authority; may provide such canals, locks, levees, dikes, dams, 157
229	229		sluiceways, reservoirs, holding basins, floodways, pumping 158
230	230		stations, buildings, brid ges, highways, and other works and 159
231	231		facilities that the board deems necessary; may cross any highway 160
232	232		or railway with works of the district and hold, control, and 161
233	233		acquire by donation, lease, purchase, or in any other manner 162
234	234		other than condemnation or eminent domain, any land or personal 163
235	235		property needed for carrying out the purpose of this act and may 164
236	236		remove any building or other obstruction necessary for the 165
237	237		construction, maintenance, and operation of such works. The 166
238	238		improvements made or to be made under this act are sometimes 167
239	239		referred to in this act as "the works" of the board. The board 168
240	240		shall also have power to operate any and all works and 169
241	241		improvements of the district authority. The provisions of this 170
242	242		section are subject to all laws and regulations of the U nited 171
243	243		States of America with respect to navigable waters. 172
244	244		(d) The district authority shall control all streams, 173
245	245		including slow-moving streams, flowing from any of the water 174
246	246		reservoirs in Lake County, whether natural or constructed, into 175
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255	255		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
256	256
257	257		the system of lakes and streams in or adjacent to Lake County 176
258	258		for the protection of the natural water reservoirs and the 177
259	259		adjacent and neighboring areas. 178
260	260		(g) The board may enter into any agreement or contract 179
261	261		with the Federal Government or the state, or any agency, 180
262	262		political subdivision, or instrumentality of either; and 181
263	263		counties adjoining Lake County; and municipalities and taxing 182
264	264		districts in Lake County and in counties adjoining Lake County 183
265	265		for the purpose of carrying out, or which in the reasonable 184
266	266		judgment of the boar d may assist it in carrying out, the 185
267	267		purposes of this act. 186
268	268		(h) The board may recommend, by resolution to the Board of 187
269	269		County Commissioners of Lake County or the governing body of a 188
270	270		municipality in the county, the acquisition of private property 189
271	271		using the power of eminent domain. Such recommendation shall 190
272	272		specify the purpose under this act for which such acquisition is 191
273	273		necessary. Within 90 days after receipt of such a 192
274	274		recommendation, the county or municipality shall formally 193
275	275		respond to such recommendation with its approval, disapproval, 194
276	276		or a proposed modification. The district authority and the 195
277	277		county or municipality shall cooperate in the public interest. 196
278	278		If the county or the municipality ultimately proceeds with the 197
279	279		district's authority's recommended acquisition, the 198
280	280		implementation of the purpose of this act for w hich the district 199
281	281		authority made the recommendation may be addressed through an 200
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290	290		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
291	291
292	292		interlocal agreement between the district authority and the 201
293	293		county or municipality. 202
294	294		(i) The board may promote the district's authority's 203
295	295		purpose and works through board resol utions, press releases, 204
296	296		electronic communications, and attendance at public events 205
297	297		sponsored by other entities, but otherwise may not expend public 206
298	298		funds to promote recreation and tourism in the county, 207
299	299		including, but not limited to, hosting events, advert ising, or 208
300	300		marketing. 209
301	301		(j)(1)a. For purposes of this subsection, an "active park" 210
302	302		means a park developed for the purpose of public recreation with 211
303	303		man-made improvements, including, but not limited to, buildings 212
304	304		for meetings and events; athletic fields; ten nis, racquetball, 213
305	305		and volleyball courts; swimming pools; recreational boat docks, 214
306	306		boat houses, and related facilities; and similar capital 215
307	307		facilities. 216
308	308		b. For purposes of this subsection, a "passive park" means 217
309	309		a park developed for the purpose of allowing public observation 218
310	310		of natural conditions and environmentally sensitive areas or 219
311	311		providing public access to streams, lakes, and canals for 220
312	312		waterborne activities, using limited man -made improvements, 221
313	313		including, but not limited to, nature trails, equestrian trails, 222
314	314		elevated boardwalks, boat ramps, and kayak and canoe launching 223
315	315		pads. 224
316	316		(2) The authority may not develop, own, maintain, or 225
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325	325		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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327	327		operate active parks, with the exception of Hickory Point Park, 226
328	328		but may develop, own, maintain, and operate passive parks on 227
329	329		property owned by the authority for the purpose of this act, 228
330	330		provided that such passive parks are not in conflict with the 229
331	331		public purpose for which the authority acquired the property. 230
332	332		Nothing in this act shall prohibit the continued use of the Disc 231
333	333		Golf Course at Hidden Waters Preserve. The board may sell or 232
334	334		donate land for parks to Lake County or a municipality in the 233
335	335		county pursuant to an interlocal agreement. 234
336	336		Section 10. Receipt or use of property. —Lake County and 235
337	337		all municipalities, districts, pol itical bodies, and political 236
338	338		subdivisions of the state in Lake County are severally 237
339	339		authorized to grant, convey, or transfer to, and permit the use 238
340	340		of by, the district authority upon such terms and conditions as 239
341	341		are agreeable to the governing bodies thereo f real and personal 240
342	342		property belonging to them which is necessary or useful to the 241
343	343		district authority in carrying out the purposes of this act. 242
344	344		Section 11. District authority funds; warrants.—All 243
345	345		district authority funds shall be deposited in a bank or banks 244
346	346		or federal or state savings and loan association to be 245
347	347		designated by the board, but before any district authority 246
348	348		moneys are deposited in such depositary or depositaries, 247
349	349		security shall be furnished to the district authority ample to 248
350	350		protect such deposits to the full extent and amount that such 249
351	351		deposits are not otherwise protected or insured by the Federal 250
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360	360		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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362	362		Deposit Insurance Corporation or the Federal Savings and Loan 251
363	363		Insurance Corporation. Funds of the district authority shall be 252
364	364		paid out only upon warrant signed by the treasurer of the 253
365	365		district authority and countersigned by the chair or vice chair. 254
366	366		No warrants shall be drawn or issued disbursing any of the funds 255
367	367		of the district authority except for a purpose authorized by 256
368	368		this act and only when the account or expenditure for which the 257
369	369		same is to be given in payment has been audited and approved by 258
370	370		the board. 259
371	371		Section 12. Budget; millage levied; procedure. —The board 260
372	372		shall determine, annually on or before October 1, by resol ution 261
373	373		the amount of money that will be required to carry out the 262
374	374		purposes of this act for the next ensuing fiscal year (which 263
375	375		fiscal year shall be the same as that of Lake County) and the 264
376	376		millage, which shall not exceed one -half of one mill, that will 265
377	377		be required to be levied to produce the amount of money set 266
378	378		forth in the resolution; however, the determination of the 267
379	379		amount of money to be raised and the millage to be levied may be 268
380	380		delayed until the board receives the necessary information. The 269
381	381		district authority shall allocate no more than 3.5 percent of 270
382	382		its annual ad valorem budget for educational programs to educate 271
383	383		and teach the public about water issues. Immediately upon the 272
384	384		adoption of the resolution a certified copy thereof shall be 273
385	385		furnished to the Board of County Commissioners of Lake County, 274
386	386		and the Board of County Commissioners of Lake County shall 275
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395	395		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
396	396
397	397		consider and approve, modify, or reject the proposed budget and 276
398	398		millage adopted by the board. If the proposed budget and millage 277
399	399		adopted by the board is modified or rejected, the Board of 278
400	400		County Commissioners of Lake County shall determine the budget 279
401	401		and millage, for the year named in the certified copy of the 280
402	402		resolution. The Board of County Commissioners of Lake County 281
403	403		shall approve the final budget and millage for the district and 282
404	404		shall, levy, assess, collect, and enforce taxes upon all taxable 283
405	405		real and personal property within the district authority. The 284
406	406		procedure to be followed to accomplish the purpose of this 285
407	407		section shall be as follows: 286
408	408		(a) Assessment of property shall be as provided by general 287
409	409		law. 288
410	410		(b) The board shall by resolution determine the total 289
411	411		amount to be raised by taxation in such year upon the taxable 290
412	412		property within the district authority and shall, in and by such 291
413	413		resolution, fix and determine the millage on each dollar 292
414	414		valuation of property on the assessment rolls, which, when 293
415	415		levied, will raise the amount so determined as the total amount 294
416	416		to be raised by taxation in that year, and in and by such 295
417	417		resolution the board shall request direct the Board of County 296
418	418		Commissioners to approve, modify, or reject levy, assess, and 297
419	419		fix such millage as the rate of taxation upon all the taxable 298
420	420		real and personal property within the authority . 299
421	421		(c) A certified copy of such tax resolution executed in 300
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430	430		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
431	431
432	432		the name of the district authority by its chair or vice chair 301
433	433		and attested by its secretary, under its corporate seal, shall 302
434	434		immediately be delivered to the Board of County Commissioners of 303
435	435		Lake County. 304
436	436		(d) It shall be the duty of the Board of County 305
437	437		Commissioners, each year: to approve, modify, or reject the 306
438	438		annual budget and millage proposed by the board and, if modified 307
439	439		or rejected, to determine the budget and millage for the 308
440	440		district; to approve the final budget and millage for the 309
441	441		district; to levy, assess, and fix the millage and the rate of 310
442	442		taxation upon all the taxable real and personal property within 311
443	443		the district authority as set forth in the final budget and 312
444	444		millage approved by the Board of County Commissioners certified 313
445	445		copy of the resolution o f the board; to certify the millage to 314
446	446		the Department of Revenue of the State of Florida; and to order 315
447	447		the property appraiser of the county to levy and assess, and the 316
448	448		county tax collector to collect, a tax at the millage fixed by 317
449	449		the Board of County Commi ssioners upon all of the taxable real 318
450	450		and personal property within the district authority for the 319
451	451		year, and the levies and assessments shall be included in the 320
452	452		tax roll and warrant of the property appraiser of the county for 321
453	453		each fiscal year thereafter. Th e tax collector of the county 322
454	454		shall collect such taxes so levied by the board of county 323
455	455		commissioners for the district authority in lawful money of the 324
456	456		United States of America in the same manner and at the same time 325
457		-	~~ENROLLED~~
458		-	HB 1105 2022 ~~Legislature~~
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465	465		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
466	466
467	467		as county taxes are collected and shall pay and remit the same 326
468	468		upon collection to the board. 327
469	469		(e) The Property Appraiser, Tax Collector, and Board of 328
470	470		County Commissioners of Lake County and the Department of 329
471	471		Revenue shall, when requested by the board, prepare from their 330
472	472		official records and de liver to the board any and all 331
473	473		information that may be requested from time to time from them 332
474	474		regarding the tax valuations, levies, assessments, or 333
475	475		collections in such county. 334
476	476		Section 13. Collection of taxes; enforcement. —All taxes 335
477	477		levied and assessed b y the Board of County Commissioners of Lake 336
478	478		County for the district authority (beginning with the year 1953) 337
479	479		shall be collected and the enforcement thereof shall be at the 338
480	480		same time and in the same manner as other county taxes are 339
481	481		collected and enforced an d when so collected shall be paid over 340
482	482		to the board for its use pursuant to this act. 341
483	483		Section 14. Borrowing of funds; bond issuance. — 342
484	484		(b) The board may issue bonds payable solely from revenues 343
485	485		of the district authority. The value of all such bonds 344
486	486		outstanding at any time may not exceed an amount equal to one -345
487	487		third of the district's authority's anticipated revenues for the 346
488	488		period for which the bonds are outstanding. Revenue bonds may 347
489	489		not be issued unless their issuance has been approved by a 348
490	490		majority of those electors of the district authority voting in a 349
491	491		referendum in which the ballot statement describes in detail the 350
492		-	~~ENROLLED~~
493		-	HB 1105 2022 ~~Legislature~~
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502	502		purpose for which the bonds will be issued. 351
503	503		Section 15. Financial statement. —At least once in each 352
504	504		year the board shall publish on the district's authority's 353
505	505		website and in a newspaper of general circulation published in 354
506	506		Lake County a complete detailed statement of its financial 355
507	507		condition, including a list of all moneys received an d disbursed 356
508	508		by the board during the preceding year. 357
509	509		Section 16. Construction. —It is the intention of the 358
510	510		Legislature that the provisions of this act be reasonably 359
511	511		construed to accomplish its purposes. 360
512	512		Section 17. Plan; annual report. — 361
513	513		(a) The district authority shall prepare and publish on 362
514	514		the district's authority's website a plan that describes the 363
515	515		district's authority's goals for the ensuing 5 years. The plan 364
516	516		must include projects that will be undertaken within that period 365
517	517		in furtherance of its goals. The district authority shall update 366
518	518		the plan periodically. 367
519	519		(b) The district authority shall annually prepare and 368
520	520		publish on the district's authority's website a report that 369
521	521		includes an evaluation and assessment of the effectiveness of 370
522	522		the district's authority's activities in the preceding year. The 371
523	523		report must address both ongoing activities of the district 372
524	524		authority and the progress in meeting goals and projects 373
525	525		enumerated in the 5-year plan. The report shall be submitted to 374
526	526		the Legislature, the S t. Johns River Water Management District, 375
527		-	~~ENROLLED~~
528		-	HB 1105 2022 ~~Legislature~~
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537	537		and the Lake County Board of County Commissioners. 376
538	538		Section 18. Charter amendment. —The district's charter may 377
539	539		be amended only by the Legislature or the Board of County 378
540	540		Commissioners of Lake County . 379
541	541		Section 2. No later than 30 days after the date this act 380
542	542		becomes law, the Board of County Commissioners of Lake County 381
543	543		shall appoint five members to the board of advisors of the 382
544	544		district, three members to serve initial terms of 4 years and 383
545	545		two members to serve init ial terms of 2 years in order to 384
546	546		achieve staggered terms for the board. Board members appointed 385
547	547		subsequent to these initial terms shall serve full terms of 4 386
548	548		years as provided in the charter. The members serving on the 387
549	549		board of advisors of the district on the effective date of this 388
550	550		act shall continue in office until members are appointed 389
551	551		pursuant to this section. 390
552	552		Section 3. Upon becoming law, chapter 2005 -314, Laws of 391
553	553		Florida, as amended by chapter 2017 -218, Laws of Florida, and 392
554	554		this act, shall become a separate chapter of the Lake County 393
555	555		Codification and shall be subject to revision, amendment, or 394
556	556		repeal by the Board of County Commissioners of Lake County. 395
557	557		Section 4. This act shall take effect upon becoming a law. 396