| 13 | 13 | | An act relating to the Sunshine Water Control 2 |
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| 14 | 14 | | District, Broward County; codifying, reenacting, 3 |
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| 15 | 15 | | amending, and repealing the district charter; 4 |
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| 16 | 16 | | providing legislative intent; providing for 5 |
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| 17 | 17 | | continuation of authority for revenue collection and 6 |
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| 18 | 18 | | powers to meet outstanding obligations; providing a 7 |
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| 19 | 19 | | definition; repealing chapters 63 -609 and 2021-255, 8 |
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| 20 | 20 | | Laws of Florida, and chancery decree No. 62 -4596-F, 9 |
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| 21 | 21 | | relating to the district; providing an exception to 10 |
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| 22 | 22 | | general law; providing an effective date. 11 |
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| 23 | 23 | | 12 |
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| 24 | 24 | | Be It Enacted by the Legislature of the State of Florida: 13 |
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| 25 | 25 | | 14 |
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| 26 | 26 | | Section 1. Chapters 63-609 and 2021-255, Laws of Florida, 15 |
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| 27 | 27 | | relating to the Sunshine Water Control District, formerly known 16 |
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| 28 | 28 | | as the Sunshine Drainage District, and the decree in chancery 17 |
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| 29 | 29 | | No. 62-4596-F entered by the Circuit Court in and for the 18 |
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| 30 | 30 | | Fifteenth Judicial Circuit of the State of Florida on January 19 |
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| 31 | 31 | | 23, 1963, creating and incorporating the Sunshine Drainage 20 |
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| 32 | 32 | | District as a public corporation of the State of Florida, are 21 |
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| 33 | 33 | | codified, reenacted, amended, and repealed as provided herein. 22 |
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| 34 | 34 | | Furthermore, it is the intent of the Legislature to preserve all 23 |
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| 35 | 35 | | authority to generate revenue and pay outstanding indebtedness 24 |
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| 36 | 36 | | as continued in force by the operation of ss. 2 and 15, Art. XII 25 |
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| 44 | 44 | | Page 2 of 11 |
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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 |
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| 46 | 46 | | |
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| 47 | 47 | | of the State Constitution. 26 |
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| 48 | 48 | | Section 2. The charter for the Sunshine Water Control 27 |
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| 49 | 49 | | District is reenacted to read: 28 |
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| 50 | 50 | | Section 1. The Sunshine Water Control District, as 29 |
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| 51 | 51 | | ratified and approved by chapter 63-609, Laws of Florida, and 30 |
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| 52 | 52 | | subsequently amended by chapter 2021 -255, Laws of Florida, is 31 |
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| 53 | 53 | | hereby ratified, confirmed, and approved. The Sunshine Water 32 |
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| 54 | 54 | | Control District shall continue to be a public corporation of 33 |
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| 55 | 55 | | this state and have perpetual e xistence. All lawful debts, 34 |
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| 56 | 56 | | bonds, obligations, contracts, franchises, promissory notes, 35 |
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| 57 | 57 | | audits, minutes, resolutions, and other undertakings of the 36 |
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| 58 | 58 | | Sunshine Water Control District are hereby validated and shall 37 |
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| 59 | 59 | | continue to be valid and binding on the dist rict in accordance 38 |
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| 60 | 60 | | with their respective terms, conditions, and covenants. All 39 |
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| 61 | 61 | | taxes levied by the Board of Supervisors of the Sunshine Water 40 |
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| 62 | 62 | | Control District are validated and shall continue to be valid 41 |
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| 63 | 63 | | and binding on the district in accordance with their respective 42 |
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| 64 | 64 | | terms, conditions, and covenants. All taxes levied by the Board 43 |
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| 65 | 65 | | of Supervisors of the Sunshine Water Control District on lands 44 |
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| 66 | 66 | | within the boundaries of the district shall continue to be 45 |
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| 67 | 67 | | effective, binding, and collectible and a lien on such lan ds in 46 |
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| 68 | 68 | | accordance with this act. Any proceeding commenced by the 47 |
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| 69 | 69 | | Sunshine Water Control District for the construction of any 48 |
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| 70 | 70 | | improvements, works, or facilities; for the assessment of 49 |
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| 71 | 71 | | benefits and damages; or for the borrowing of money shall not be 50 |
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| 79 | 79 | | Page 3 of 11 |
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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 |
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| 81 | 81 | | |
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| 82 | 82 | | impaired or avoided by this act. 51 |
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| 83 | 83 | | Section 2. Boundaries. —The Sunshine Water Control District 52 |
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| 84 | 84 | | shall include all of the lands within the following described 53 |
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| 85 | 85 | | boundaries: 54 |
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| 86 | 86 | | 55 |
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| 87 | 87 | | The West five-eighths (W. 5/8) of Section 14, TOGETHER WITH 56 |
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| 88 | 88 | | Sections 16, 18, 20 and 22, Townsh ip 48 South, Range 41 57 |
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| 89 | 89 | | East, Broward County, Florida. 58 |
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| 90 | 90 | | 59 |
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| 91 | 91 | | TOGETHER WITH Sections 15, 17, 19 and 21, Township 48 60 |
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| 92 | 92 | | South, Range 41 East, according to the plat of FLORIDA 61 |
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| 93 | 93 | | FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, as recorded in 62 |
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| 94 | 94 | | Plat Book 1, Page 102, of the Public Records of Palm Beach 63 |
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| 95 | 95 | | County, Florida. 64 |
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| 96 | 96 | | 65 |
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| 97 | 97 | | TOGETHER WITH a strip of land known as the Sunshine 66 |
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| 98 | 98 | | Drainage District East Outfall Canal Right of Way, said 67 |
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| 99 | 99 | | strip of land being that portion of Section 27, Township 48 68 |
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| 100 | 100 | | South, Range 41 East, according to the plat of F LORIDA 69 |
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| 101 | 101 | | FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, as recorded in 70 |
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| 102 | 102 | | Plat Book 1, Page 102, of the Public Records of Palm Beach 71 |
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| 103 | 103 | | County, Florida, lying East of a line parallel with and 170 72 |
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| 104 | 104 | | feet West of the East line of said Section 27; TOGETHER 73 |
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| 105 | 105 | | WITH the East 170 feet of that portion of Section 34, 74 |
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| 106 | 106 | | Township 48 South, Range 41 East, Broward County, Florida, 75 |
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| 114 | 114 | | Page 4 of 11 |
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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 |
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| 116 | 116 | | |
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| 117 | 117 | | lying North of the North Right of Way line of South Florida 76 |
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| 118 | 118 | | Water Management District (formerly Central and Southern 77 |
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| 119 | 119 | | Florida Flood Control District) Canal C -14. 78 |
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| 120 | 120 | | 79 |
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| 121 | 121 | | TOGETHER WITH a 170 foot wide strip of land, known as the 80 |
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| 122 | 122 | | Sunshine Drainage District West Outfall Canal Right of Way, 81 |
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| 123 | 123 | | said strip of land being portions of Sections 28 and 32, 82 |
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| 124 | 124 | | Township 48 South, Range 41 East, Broward County, Florida, 83 |
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| 125 | 125 | | and a portion of Section 29, Township 48 South, Range 41 84 |
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| 126 | 126 | | East, according to the plat of FLORIDA FRUIT LANDS 85 |
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| 127 | 127 | | COMPANY'S SUBDIVISION NO. 2, as recorded in Plat Book 1, 86 |
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| 128 | 128 | | Page 102, of the Public Records of Palm Beach County, 87 |
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| 129 | 129 | | Florida, as described in Official Records Book 5345, P ages 88 |
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| 130 | 130 | | 483 through 486, inclusive, of the Public Records of 89 |
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| 131 | 131 | | Broward County, Florida. 90 |
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| 132 | 132 | | 91 |
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| 133 | 133 | | TOGETHER WITH a 60 foot wide strip of land being a portion 92 |
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| 134 | 134 | | of Section 33, Township 48 South, Range 41 East, according 93 |
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| 135 | 135 | | to the plat of FLORIDA FRUIT LANDS COMPANY'S SUBDIVISI ON 94 |
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| 136 | 136 | | NO. 2, as recorded in Plat Book 1, Page 102, of the Public 95 |
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| 137 | 137 | | Records of Palm Beach County, Florida, bounded on the West 96 |
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| 138 | 138 | | by the West line of said Section 33, and bounded on the 97 |
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| 139 | 139 | | North, East and South by Tract "T" (Park) OAKLAND WOOD, 98 |
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| 140 | 140 | | according to the Plat t hereof, recorded in Plat Book 80, 99 |
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| 141 | 141 | | Page 39, of the Public Records of Broward County, Florida. 100 |
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| 149 | 149 | | Page 5 of 11 |
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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 |
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| 151 | 151 | | |
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| 152 | 152 | | 101 |
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| 153 | 153 | | TOGETHER WITH portions of Sections 12, 13 and 24, Township 102 |
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| 154 | 154 | | 48 South, Range 40 East, Broward County, Florida, lying 103 |
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| 155 | 155 | | East of the East Right -of-Way line of LEVEE L-36 (600 foot 104 |
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| 156 | 156 | | Canal Right-of-Way), lying North of the Westerly extension 105 |
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| 157 | 157 | | of the South line of said Section 19, Township 48 South, 106 |
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| 158 | 158 | | Range 41 East, and lying South of the Westerly extension of 107 |
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| 159 | 159 | | the North line of said Section 18, Township 48 South, Range 108 |
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| 160 | 160 | | 41 East, Broward County, Florida. 109 |
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| 161 | 161 | | 110 |
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| 162 | 162 | | Said lands lying and situate in the City of Coral Springs, 111 |
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| 163 | 163 | | Broward County, Florida, containing 5533.5 acres, more or 112 |
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| 164 | 164 | | less. 113 |
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| 165 | 165 | | 114 |
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| 166 | 166 | | Section 3. Chapter 298, Florida Statutes, made 115 |
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| 167 | 167 | | applicable.—The Sunshine Water Control District, a pub lic 116 |
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| 168 | 168 | | corporation of this state, created under chapter 298, Florida 117 |
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| 169 | 169 | | Statutes, shall be governed by chapter 298, Florida Statutes, as 118 |
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| 170 | 170 | | may be subsequently amended, so far as not inconsistent with 119 |
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| 171 | 171 | | this act or any subsequent special acts relating to the Sunshine 120 |
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| 172 | 172 | | Water Control District. 121 |
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| 173 | 173 | | Section 4. Powers of the district. —The Sunshine Water 122 |
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| 174 | 174 | | Control District shall have, in addition to the powers provided 123 |
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| 175 | 175 | | for in chapter 298, Florida Statutes, the power and authority to 124 |
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| 176 | 176 | | construct, improve, pave, and maintain roadw ays and roads 125 |
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| 184 | 184 | | Page 6 of 11 |
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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 |
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| 186 | 186 | | |
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| 187 | 187 | | necessary and convenient to provide access to and efficient 126 |
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| 188 | 188 | | development of areas made suitable and available for the 127 |
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| 189 | 189 | | cultivation, settlement, urban subdivision, homesites, and other 128 |
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| 190 | 190 | | beneficial use and development as a result of the drainage a nd 129 |
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| 191 | 191 | | reclamation operations of the district, including any dedicated 130 |
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| 192 | 192 | | to public use within the boundaries of the district. 131 |
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| 193 | 193 | | Section 5. Levy of taxes on fractional acres. —In levying 132 |
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| 194 | 194 | | and assessing all taxes, each tract or parcel of land less than 133 |
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| 195 | 195 | | one acre in area shall be assessed as a full acre, and each 134 |
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| 196 | 196 | | tract or parcel of land more than one acre in area which 135 |
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| 197 | 197 | | contains a fraction of an acre shall be assessed at the nearest 136 |
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| 198 | 198 | | whole number of acres, a fraction of one -half or more to be 137 |
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| 199 | 199 | | assessed as a full acre. 138 |
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| 200 | 200 | | Section 6. Application to existing district, boundaries, 139 |
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| 201 | 201 | | plan of reclamation, and drainage, etc. —The powers hereinabove 140 |
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| 202 | 202 | | vested in the Board of Supervisors of the Sunshine Water Control 141 |
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| 203 | 203 | | District shall apply to the presently existing district, the 142 |
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| 204 | 204 | | presently existing boundaries thereof or as the boundaries may 143 |
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| 205 | 205 | | be extended as authorized by law, and the present plan of 144 |
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| 206 | 206 | | reclamation and drainage together with any assessment of 145 |
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| 207 | 207 | | benefits which may be approved by law, and the boundaries of 146 |
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| 208 | 208 | | said district and the pl an of reclamation and drainage and the 147 |
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| 209 | 209 | | assessment and levying of taxes for carrying out said plan of 148 |
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| 210 | 210 | | reclamation and drainage and for the maintenance and operation 149 |
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| 211 | 211 | | thereof, may be changed in whole or in part as units, or, with 150 |
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| 219 | 219 | | Page 7 of 11 |
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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 |
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| 221 | 221 | | |
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| 222 | 222 | | reference to the entire distr ict, in accordance with chapter 151 |
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| 223 | 223 | | 298, Florida Statutes, and this act. 152 |
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| 224 | 224 | | Section 7. Board of supervisors. — 153 |
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| 225 | 225 | | (1) Prior to November 5, 2024, the district is governed by 154 |
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| 226 | 226 | | a three-member board, elected on a 1 -acre, one-vote basis by the 155 |
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| 227 | 227 | | landowners in the distr ict. However, landowners owning less than 156 |
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| 228 | 228 | | 1 acre shall be entitled to one vote. Landowners with more than 157 |
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| 229 | 229 | | 1 acre shall be entitled to 1 additional acre for any fraction 158 |
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| 230 | 230 | | of an acre owned when all acreage has been aggregated for 159 |
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| 231 | 231 | | purposes of voting. The proce dures for conducting district 160 |
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| 232 | 232 | | elections and for qualification of electors shall be pursuant to 161 |
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| 233 | 233 | | chapters 189 and 298, Florida Statutes, as they may be amended 162 |
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| 234 | 234 | | from time to time. However, a quorum for purposes of holding the 163 |
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| 235 | 235 | | annual meeting or any special mee ting shall consist of those 164 |
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| 236 | 236 | | landowners present in person or represented by proxy at the 165 |
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| 237 | 237 | | meeting. The membership and organization of the board shall be 166 |
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| 238 | 238 | | as set forth in this act and chapter 298, Florida Statutes, as 167 |
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| 239 | 239 | | they may be amended from time to time. 168 |
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| 240 | 240 | | (2) As of November 5, 2024, the board of supervisors shall 169 |
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| 241 | 241 | | consist of five members. 170 |
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| 242 | 242 | | (3) Notwithstanding any provision of law to the contrary, 171 |
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| 243 | 243 | | members of the board of supervisors shall be elected by the 172 |
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| 244 | 244 | | qualified electors of the district. Election of board members by 173 |
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| 245 | 245 | | the qualified electors shall be the exclusive method for the 174 |
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| 246 | 246 | | election of the members of the board of supervisors. 175 |
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| 254 | 254 | | Page 8 of 11 |
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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 |
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| 256 | 256 | | |
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| 257 | 257 | | (4) The board of supervisors shall call an election at 176 |
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| 258 | 258 | | which the members of the board will be elected. Such election 177 |
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| 259 | 259 | | shall be held in conjunction with the general election in 178 |
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| 260 | 260 | | November 2024. Candidates may qualify for the offices of the 179 |
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| 261 | 261 | | board of supervisors, which shall be designated as seat 1, seat 180 |
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| 262 | 262 | | 2, seat 3, seat 4, and seat 5, each elected at large within the 181 |
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| 263 | 263 | | district. A candidat e qualifying for election must be an elector 182 |
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| 264 | 264 | | and resident of the district. Each board member shall be elected 183 |
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| 265 | 265 | | by the qualified electors of the district for a term of 4 years, 184 |
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| 266 | 266 | | except that, at the first such election, the three members 185 |
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| 267 | 267 | | elected to seat 1, sea t 2, and seat 3 shall be elected for terms 186 |
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| 268 | 268 | | of 4 years each, and the two members elected to seat 4 and seat 187 |
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| 269 | 269 | | 5 shall be elected for terms of 2 years each. Thereafter, there 188 |
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| 270 | 270 | | shall be an election held every 2 years for expiring terms and 189 |
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| 271 | 271 | | all members shall be e lected for terms of 4 years each. The 190 |
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| 272 | 272 | | candidate receiving the most votes for each seat shall be 191 |
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| 273 | 273 | | elected. All elected board members must be qualified electors of 192 |
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| 274 | 274 | | the district. Members of the board of supervisors as of October 193 |
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| 275 | 275 | | 1, 2023, shall serve until the certification of the November 194 |
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| 276 | 276 | | 2024 general election results. 195 |
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| 277 | 277 | | (5) Elections of board members by qualified electors held 196 |
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| 278 | 278 | | pursuant to this section shall be nonpartisan and shall be 197 |
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| 279 | 279 | | conducted in a manner prescribed by law for holding general 198 |
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| 280 | 280 | | elections. Board members shall assume the office on the second 199 |
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| 281 | 281 | | Tuesday following their election. 200 |
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| 289 | 289 | | Page 9 of 11 |
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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 |
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| 291 | 291 | | |
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| 292 | 292 | | (6) Candidates seeking election to office by qualified 201 |
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| 293 | 293 | | electors under this section shall conduct their campaigns in 202 |
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| 294 | 294 | | accordance with chapter 106, Florida Statutes, and shall file 203 |
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| 295 | 295 | | qualifying papers and qualify for individual seats in accordance 204 |
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| 296 | 296 | | with s. 99.061, Florida Statutes. Candidates shall pay a 205 |
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| 297 | 297 | | qualifying fee, which shall consist of a filing fee and election 206 |
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| 298 | 298 | | assessment or, as an alternative, shall file a petition signed 207 |
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| 299 | 299 | | by not less than 1 percent of the qualified electors of the 208 |
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| 300 | 300 | | district, and take the oath required in s. 99.021, Florida 209 |
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| 301 | 301 | | Statutes, with the Supervisor of Elections of Broward County. 210 |
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| 302 | 302 | | The amount of the filing fee is 3 percent of the annual salary 211 |
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| 303 | 303 | | of the office. The amount of the election assessment is 1 212 |
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| 304 | 304 | | percent of the annual salary of the office. The filing fee and 213 |
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| 305 | 305 | | election assessment shall be distributed as provided in s. 214 |
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| 306 | 306 | | 105.031(3), Florida Statutes. 215 |
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| 307 | 307 | | (7) The Supervisor of Elections of Broward County shall 216 |
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| 308 | 308 | | appoint the inspector and clerks of elections, prepare and 217 |
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| 309 | 309 | | furnish the ballots, designate polling places, and canvass the 218 |
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| 310 | 310 | | returns of the election of board members by qualified electors. 219 |
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| 311 | 311 | | The county canvassing board shall declare and certify the 220 |
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| 312 | 312 | | results of the election. 221 |
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| 313 | 313 | | (8) The terms "qualified elector" and "elector" mean any 222 |
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| 314 | 314 | | person at least 18 years of age who is a citizen of the United 223 |
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| 315 | 315 | | States, a permanent resident of the state, and a resident of the 224 |
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| 316 | 316 | | county within which the district lands are located when t he 225 |
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| 324 | 324 | | Page 10 of 11 |
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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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| 326 | 326 | | |
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| 327 | 327 | | registration books are open. 226 |
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| 328 | 328 | | Section 8. Severability. —In case any one or more of the 227 |
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| 329 | 329 | | sections or provisions of this act or the application of such 228 |
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| 330 | 330 | | sections or provisions to any situations, circumstances, or 229 |
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| 331 | 331 | | person shall for any reason be held to be unconstitutional, such 230 |
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| 332 | 332 | | unconstitutionality shall not affect any other sections or 231 |
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| 333 | 333 | | provisions of this act or the applications of such sections or 232 |
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| 334 | 334 | | provisions to any other situation, circumstances, or person, and 233 |
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| 335 | 335 | | it is intended that this law shall be construe d and applied as 234 |
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| 336 | 336 | | if such section or provision had not been included herein for 235 |
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| 337 | 337 | | any unconstitutional application. 236 |
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| 338 | 338 | | Section 9. Effect of conflict. —In the event of a conflict 237 |
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| 339 | 339 | | between the provisions of this act and the provisions of any 238 |
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| 340 | 340 | | other act, the provi sions of this act shall control to the 239 |
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| 341 | 341 | | extent of such conflict. 240 |
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| 342 | 342 | | Section 3. The provisions of this act shall be liberally 241 |
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| 343 | 343 | | construed to effect their purposes and shall be deemed 242 |
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| 344 | 344 | | cumulative, supplemental, and alternative authority for the 243 |
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| 345 | 345 | | exercise of the powers provided herein. 244 |
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| 346 | 346 | | Section 4. Chapters 63-609 and 2021-255, Laws of Florida, 245 |
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| 347 | 347 | | and the decree in chancery No. 62 -4596-F entered by the Circuit 246 |
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| 348 | 348 | | Court in and for the Fifteenth Judicial Circuit of the State of 247 |
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| 349 | 349 | | Florida on January 23, 1963, creating and incorporating the 248 |
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| 350 | 350 | | Sunshine Drainage District as a public corporation of the State 249 |
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| 351 | 351 | | of Florida, are repealed. 250 |
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