HB 11B 2023B
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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
A bill to be entitled 1
An act relating to the Sunshine Water Control 2
District, Broward County; codifying, reenacting, 3
amending, and repealing the district charter; 4
providing legislative intent; providing for 5
continuation of authority for revenue collection and 6
powers to meet outstanding obligations; providing a 7
definition; repealing chapters 63 -609 and 2021-255, 8
Laws of Florida, and chancery decree No. 62 -4596-F, 9
relating to the district; providing an exception to 10
general law; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Chapters 63-609 and 2021-255, Laws of Florida, 15
relating to the Sunshine Water Control District, formerly known 16
as the Sunshine Drainage District, and the decree in chancery 17
No. 62-4596-F entered by the Circuit Court in and for the 18
Fifteenth Judicial Circuit of the State of Florida on January 19
23, 1963, creating and incorporating the Sunshine Drainage 20
District as a public corporation of the State of Florida, are 21
codified, reenacted, amended, and repealed as provided herein. 22
Furthermore, it is the intent of the Legislature to preserve all 23
authority to generate revenue and pay outstanding indebtedness 24
as continued in force by the operation of ss. 2 and 15, Art. XII 25
HB 11B 2023B
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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
of the State Constitution. 26
Section 2. The charter for the Sunshine Water Control 27
District is reenacted to read: 28
Section 1. The Sunshine Water Control District, as 29
ratified and approved by chapter 63-609, Laws of Florida, and 30
subsequently amended by chapter 2021 -255, Laws of Florida, is 31
hereby ratified, confirmed, and approved. The Sunshine Water 32
Control District shall continue to be a public corporation of 33
this state and have perpetual e xistence. All lawful debts, 34
bonds, obligations, contracts, franchises, promissory notes, 35
audits, minutes, resolutions, and other undertakings of the 36
Sunshine Water Control District are hereby validated and shall 37
continue to be valid and binding on the dist rict in accordance 38
with their respective terms, conditions, and covenants. All 39
taxes levied by the Board of Supervisors of the Sunshine Water 40
Control District are validated and shall continue to be valid 41
and binding on the district in accordance with their respective 42
terms, conditions, and covenants. All taxes levied by the Board 43
of Supervisors of the Sunshine Water Control District on lands 44
within the boundaries of the district shall continue to be 45
effective, binding, and collectible and a lien on such lan ds in 46
accordance with this act. Any proceeding commenced by the 47
Sunshine Water Control District for the construction of any 48
improvements, works, or facilities; for the assessment of 49
benefits and damages; or for the borrowing of money shall not be 50
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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
impaired or avoided by this act. 51
Section 2. Boundaries. —The Sunshine Water Control District 52
shall include all of the lands within the following described 53
boundaries: 54
55
The West five-eighths (W. 5/8) of Section 14, TOGETHER WITH 56
Sections 16, 18, 20 and 22, Townsh ip 48 South, Range 41 57
East, Broward County, Florida. 58
59
TOGETHER WITH Sections 15, 17, 19 and 21, Township 48 60
South, Range 41 East, according to the plat of FLORIDA 61
FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, as recorded in 62
Plat Book 1, Page 102, of the Public Records of Palm Beach 63
County, Florida. 64
65
TOGETHER WITH a strip of land known as the Sunshine 66
Drainage District East Outfall Canal Right of Way, said 67
strip of land being that portion of Section 27, Township 48 68
South, Range 41 East, according to the plat of F LORIDA 69
FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, as recorded in 70
Plat Book 1, Page 102, of the Public Records of Palm Beach 71
County, Florida, lying East of a line parallel with and 170 72
feet West of the East line of said Section 27; TOGETHER 73
WITH the East 170 feet of that portion of Section 34, 74
Township 48 South, Range 41 East, Broward County, Florida, 75
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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
lying North of the North Right of Way line of South Florida 76
Water Management District (formerly Central and Southern 77
Florida Flood Control District) Canal C -14. 78
79
TOGETHER WITH a 170 foot wide strip of land, known as the 80
Sunshine Drainage District West Outfall Canal Right of Way, 81
said strip of land being portions of Sections 28 and 32, 82
Township 48 South, Range 41 East, Broward County, Florida, 83
and a portion of Section 29, Township 48 South, Range 41 84
East, according to the plat of FLORIDA FRUIT LANDS 85
COMPANY'S SUBDIVISION NO. 2, as recorded in Plat Book 1, 86
Page 102, of the Public Records of Palm Beach County, 87
Florida, as described in Official Records Book 5345, P ages 88
483 through 486, inclusive, of the Public Records of 89
Broward County, Florida. 90
91
TOGETHER WITH a 60 foot wide strip of land being a portion 92
of Section 33, Township 48 South, Range 41 East, according 93
to the plat of FLORIDA FRUIT LANDS COMPANY'S SUBDIVISI ON 94
NO. 2, as recorded in Plat Book 1, Page 102, of the Public 95
Records of Palm Beach County, Florida, bounded on the West 96
by the West line of said Section 33, and bounded on the 97
North, East and South by Tract "T" (Park) OAKLAND WOOD, 98
according to the Plat t hereof, recorded in Plat Book 80, 99
Page 39, of the Public Records of Broward County, Florida. 100
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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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TOGETHER WITH portions of Sections 12, 13 and 24, Township 102
48 South, Range 40 East, Broward County, Florida, lying 103
East of the East Right -of-Way line of LEVEE L-36 (600 foot 104
Canal Right-of-Way), lying North of the Westerly extension 105
of the South line of said Section 19, Township 48 South, 106
Range 41 East, and lying South of the Westerly extension of 107
the North line of said Section 18, Township 48 South, Range 108
41 East, Broward County, Florida. 109
110
Said lands lying and situate in the City of Coral Springs, 111
Broward County, Florida, containing 5533.5 acres, more or 112
less. 113
114
Section 3. Chapter 298, Florida Statutes, made 115
applicable.—The Sunshine Water Control District, a pub lic 116
corporation of this state, created under chapter 298, Florida 117
Statutes, shall be governed by chapter 298, Florida Statutes, as 118
may be subsequently amended, so far as not inconsistent with 119
this act or any subsequent special acts relating to the Sunshine 120
Water Control District. 121
Section 4. Powers of the district. —The Sunshine Water 122
Control District shall have, in addition to the powers provided 123
for in chapter 298, Florida Statutes, the power and authority to 124
construct, improve, pave, and maintain roadw ays and roads 125
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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
necessary and convenient to provide access to and efficient 126
development of areas made suitable and available for the 127
cultivation, settlement, urban subdivision, homesites, and other 128
beneficial use and development as a result of the drainage a nd 129
reclamation operations of the district, including any dedicated 130
to public use within the boundaries of the district. 131
Section 5. Levy of taxes on fractional acres. —In levying 132
and assessing all taxes, each tract or parcel of land less than 133
one acre in area shall be assessed as a full acre, and each 134
tract or parcel of land more than one acre in area which 135
contains a fraction of an acre shall be assessed at the nearest 136
whole number of acres, a fraction of one -half or more to be 137
assessed as a full acre. 138
Section 6. Application to existing district, boundaries, 139
plan of reclamation, and drainage, etc. —The powers hereinabove 140
vested in the Board of Supervisors of the Sunshine Water Control 141
District shall apply to the presently existing district, the 142
presently existing boundaries thereof or as the boundaries may 143
be extended as authorized by law, and the present plan of 144
reclamation and drainage together with any assessment of 145
benefits which may be approved by law, and the boundaries of 146
said district and the pl an of reclamation and drainage and the 147
assessment and levying of taxes for carrying out said plan of 148
reclamation and drainage and for the maintenance and operation 149
thereof, may be changed in whole or in part as units, or, with 150
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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
reference to the entire distr ict, in accordance with chapter 151
298, Florida Statutes, and this act. 152
Section 7. Board of supervisors. — 153
(1) Prior to November 5, 2024, the district is governed by 154
a three-member board, elected on a 1 -acre, one-vote basis by the 155
landowners in the distr ict. However, landowners owning less than 156
1 acre shall be entitled to one vote. Landowners with more than 157
1 acre shall be entitled to 1 additional acre for any fraction 158
of an acre owned when all acreage has been aggregated for 159
purposes of voting. The proce dures for conducting district 160
elections and for qualification of electors shall be pursuant to 161
chapters 189 and 298, Florida Statutes, as they may be amended 162
from time to time. However, a quorum for purposes of holding the 163
annual meeting or any special mee ting shall consist of those 164
landowners present in person or represented by proxy at the 165
meeting. The membership and organization of the board shall be 166
as set forth in this act and chapter 298, Florida Statutes, as 167
they may be amended from time to time. 168
(2) As of November 5, 2024, the board of supervisors shall 169
consist of five members. 170
(3) Notwithstanding any provision of law to the contrary, 171
members of the board of supervisors shall be elected by the 172
qualified electors of the district. Election of board members by 173
the qualified electors shall be the exclusive method for the 174
election of the members of the board of supervisors. 175
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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
(4) The board of supervisors shall call an election at 176
which the members of the board will be elected. Such election 177
shall be held in conjunction with the general election in 178
November 2024. Candidates may qualify for the offices of the 179
board of supervisors, which shall be designated as seat 1, seat 180
2, seat 3, seat 4, and seat 5, each elected at large within the 181
district. A candidat e qualifying for election must be an elector 182
and resident of the district. Each board member shall be elected 183
by the qualified electors of the district for a term of 4 years, 184
except that, at the first such election, the three members 185
elected to seat 1, sea t 2, and seat 3 shall be elected for terms 186
of 4 years each, and the two members elected to seat 4 and seat 187
5 shall be elected for terms of 2 years each. Thereafter, there 188
shall be an election held every 2 years for expiring terms and 189
all members shall be e lected for terms of 4 years each. The 190
candidate receiving the most votes for each seat shall be 191
elected. All elected board members must be qualified electors of 192
the district. Members of the board of supervisors as of October 193
1, 2023, shall serve until the certification of the November 194
2024 general election results. 195
(5) Elections of board members by qualified electors held 196
pursuant to this section shall be nonpartisan and shall be 197
conducted in a manner prescribed by law for holding general 198
elections. Board members shall assume the office on the second 199
Tuesday following their election. 200
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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
(6) Candidates seeking election to office by qualified 201
electors under this section shall conduct their campaigns in 202
accordance with chapter 106, Florida Statutes, and shall file 203
qualifying papers and qualify for individual seats in accordance 204
with s. 99.061, Florida Statutes. Candidates shall pay a 205
qualifying fee, which shall consist of a filing fee and election 206
assessment or, as an alternative, shall file a petition signed 207
by not less than 1 percent of the qualified electors of the 208
district, and take the oath required in s. 99.021, Florida 209
Statutes, with the Supervisor of Elections of Broward County. 210
The amount of the filing fee is 3 percent of the annual salary 211
of the office. The amount of the election assessment is 1 212
percent of the annual salary of the office. The filing fee and 213
election assessment shall be distributed as provided in s. 214
105.031(3), Florida Statutes. 215
(7) The Supervisor of Elections of Broward County shall 216
appoint the inspector and clerks of elections, prepare and 217
furnish the ballots, designate polling places, and canvass the 218
returns of the election of board members by qualified electors. 219
The county canvassing board shall declare and certify the 220
results of the election. 221
(8) The terms "qualified elector" and "elector" mean any 222
person at least 18 years of age who is a citizen of the United 223
States, a permanent resident of the state, and a resident of the 224
county within which the district lands are located when t he 225
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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
registration books are open. 226
Section 8. Severability. —In case any one or more of the 227
sections or provisions of this act or the application of such 228
sections or provisions to any situations, circumstances, or 229
person shall for any reason be held to be unconstitutional, such 230
unconstitutionality shall not affect any other sections or 231
provisions of this act or the applications of such sections or 232
provisions to any other situation, circumstances, or person, and 233
it is intended that this law shall be construe d and applied as 234
if such section or provision had not been included herein for 235
any unconstitutional application. 236
Section 9. Effect of conflict. —In the event of a conflict 237
between the provisions of this act and the provisions of any 238
other act, the provi sions of this act shall control to the 239
extent of such conflict. 240
Section 3. The provisions of this act shall be liberally 241
construed to effect their purposes and shall be deemed 242
cumulative, supplemental, and alternative authority for the 243
exercise of the powers provided herein. 244
Section 4. Chapters 63-609 and 2021-255, Laws of Florida, 245
and the decree in chancery No. 62 -4596-F entered by the Circuit 246
Court in and for the Fifteenth Judicial Circuit of the State of 247
Florida on January 23, 1963, creating and incorporating the 248
Sunshine Drainage District as a public corporation of the State 249
of Florida, are repealed. 250
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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
Section 5. Notwithstanding s. 189.0311(2), Florida 251
Statutes, the Sunshine Water Control District is not dissolved 252
as of June 1, 2023, but contin ues in full force and effect. 253
Section 6. This act shall take effect upon becoming a law. 254