Florida 2025 Regular Session

Florida House Bill H4017 Compare Versions

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1010 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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1412 A bill to be entitled 1
1513 An act relating to the Bermont Drainage District, 2
1614 Charlotte County; creating the Bermont Drainage 3
1715 District in Charlotte County as a public corporation; 4
1816 providing that all subsequent proceedings concerning 5
1917 the district are ratified, confirmed, and approved; 6
2018 creating the district's charter; providing the 7
2119 district's status and boundaries; providing minimum 8
2220 charter requirements; providing applicability of 9
2321 specified laws to the district; providing 10
2422 severability; providing retroactive application; 11
2523 providing an effective date. 12
2624 13
2725 Be It Enacted by the Legislature of the State of Florida: 14
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2927 Section 1. Creation of the district; boundaries ratified 16
3028 and approved.—The final decree creating and incorporating the 17
3129 Bermont Drainage District, Charlotte County, entered by the 18
3230 Circuit Court of the Twelfth Judicial Circuit in and for 19
3331 Charlotte County, Florida, on March 12, 1965, creating and 20
3432 incorporating the Bermont Drainage Distri ct as a public 21
3533 corporation of this state, and all subsequent proceedings taken 22
3634 in said circuit court concerning said district are ratified, 23
3735 confirmed, and approved. 24
3836 Section 2. The charter for the Bermont Drainage District 25
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4745 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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5147 is created to read: 26
5248 Section 1. Status and boundaries of Bermont Drainage 27
5349 District.—The Bermont Drainage District is hereby declared to be 28
5450 an independent water control district and a public corporation 29
5551 of the state pursuant to chapters 189 and 298, Florida Statutes, 30
5652 and the lands lying within the area described as follows in 31
5753 Charlotte County shall hereby constitute the Bermont Drainage 32
5854 District: 33
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6056 Township 40 South, Range 26 East. 35
6157 The Southwest 1/4 of the Southwest 1/4 of Section 23; the 36
6258 South 1/2 of the Southeast 1/4 of the Southwest 1/4 of 37
6359 Section 23. 38
6460 The South 1/2 of the Southeast 1/4 of Section 24. 39
6561 All of Section 25. 40
6662 All of Section 26. 41
6763 All of Section 25, less the R/W for road in said section. 42
6864 All of Section 36, less the R/W for road in said section. 43
6965 All Government Lots in said sections to be included. 44
7066 Containing 2,900.24 acres. 45
7167 46
7268 Section 2. Minimum charter requirements. —In accordance 47
73-with s. 189.031(3), Florida Statutes, the following are the 48
69+with s. 189.404(3), Florida Statutes, the following are the 48
7470 minimum requirements for the charter of the Bermont Drainage 49
7571 District: 50
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8480 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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8882 (1) The district is organized and exists for all purposes 51
8983 set forth in this act and chapter 298, Florida Statutes. 52
9084 (2) The district's charter may be amended only by special 53
9185 act of the Legislature. 54
9286 (3) In accordance with chapter 189, Florida Statutes, this 55
9387 act, and ss. 298.11 and 298.12, Florida Statutes, the governing 56
9488 board of the district shall be designated the "Board of 57
9589 Supervisors of the Bermont Drainage District" and shall be 58
9690 composed of three persons, who shall be qualified to hold such 59
9791 office if they are l andowners within the district, residents of 60
9892 the state, and citizens of the United States, elected on a 1 -61
9993 acre, one-vote basis by the landowners in the district; however, 62
10094 landowners owning less than 1 acre in the aggregate shall be 63
10195 entitled to one vote. Lan downers with more than 1 acre shall be 64
10296 entitled to one additional vote for any fraction of an acre 65
10397 greater than 1/2 acre owned when a landowner's acreage has been 66
10498 aggregated for purposes of voting. The membership and 67
10599 organization of the governing board sha ll be as set forth in 68
106100 this charter and chapter 298, Florida Statutes, provided this 69
107101 charter controls with respect to any inconsistency. 70
108102 (4) The compensation of the governing board members shall 71
109103 be governed by this act and chapter 298, Florida Statutes. 72
110104 (5) The administrative duties of the governing board shall 73
111105 be as set forth in this act and chapters 189 and 298, Florida 74
112106 Statutes. 75
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121115 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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125117 (6) Requirements for financial disclosure, meeting 76
126118 notices, reporting, public records maintenance, and per diem 77
127119 expenses for district officers and employees shall be as set 78
128120 forth in chapters 112, 189, 190, 286, and 298, Florida Statutes, 79
129121 and all other applicable general laws of the state. 80
130122 (7) The procedures and requirements governing the issuance 81
131123 of bonds, notes, and other evidence of indebtedness by the 82
132124 district shall be as set forth in chapters 189 and 298, Florida 83
133125 Statutes, and applicable general laws. 84
134126 (8) The procedures for conducting district elections or 85
135127 referenda and for qualification of electors shall be pursuant t o 86
136128 chapters 189 and 298, Florida Statutes; however, a quorum for 87
137129 purposes of holding the annual meeting or any special meetings 88
138130 shall consist of those landowners present in person or 89
139131 represented by proxy at said meeting. 90
140132 (9) The district may be financed b y any method established 91
141133 in this act, chapter 298, Florida Statutes, and other applicable 92
142134 general laws of the state. 93
143135 (10) The district is authorized to assess and levy a 94
144136 maintenance tax that shall be equal and uniform in amount upon 95
145137 each acre of land ass essed, and upon any tract or parcel less 96
146138 than 1 acre in size. 97
147139 (11) The methods for collecting non -ad valorem 98
148140 assessments, fees, or service charges shall be as set forth in 99
149141 chapters 197 and 298, Florida Statutes, and other applicable 100
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158150 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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162152 general laws of the s tate. 101
163153 (12) The district's planning requirements shall be as set 102
164154 forth in chapters 189 and 298, Florida Statutes. 103
165155 (13) The district's geographic boundary shall be as set 104
166156 forth in this act. 105
167157 Section 3. Provisions of chapter 298, Florida Statutes, 106
168158 made applicable.—The Bermont Drainage District hereby created 107
169159 shall be an independent water control district and a public 108
170160 corporation of this state. The provisions of state law 109
171161 applicable to water control districts or subdistricts which are 110
172162 embodied in chapter 298, Florida Statutes, so far as not 111
173163 inconsistent with this act, are hereby declared to be applicable 112
174164 to the Bermont Drainage District. The Bermont Drainage District 113
175165 shall have all of the powers and authorities conferred in this 114
176166 act and chapter 298, Flori da Statutes. 115
177167 Section 4. Severability. —If any provision of this act or 116
178168 the application thereof to any person or circumstance is held 117
179169 invalid, the invalidity shall not affect other provisions or 118
180170 applications of the act which can be given effect without t he 119
181171 invalid provision or application, and to this end the provisions 120
182172 of this act are declared severable. 121
183173 Section 3. This act is remedial in nature and retroactive 122
184174 to March 12, 2025. 123
185175 Section 4. This act shall take effect upon becoming a law. 124