13 | 11 | | |
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14 | 12 | | A bill to be entitled 1 |
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15 | 13 | | An act relating to the Bermont Drainage District, 2 |
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16 | 14 | | Charlotte County; creating the Bermont Drainage 3 |
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17 | 15 | | District in Charlotte County as a public corporation; 4 |
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18 | 16 | | providing that all subsequent proceedings concerning 5 |
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19 | 17 | | the district are ratified, confirmed, and approved; 6 |
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20 | 18 | | creating the district's charter; providing the 7 |
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21 | 19 | | district's status and boundaries; providing minimum 8 |
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22 | 20 | | charter requirements; providing applicability of 9 |
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23 | 21 | | specified laws to the district; providing 10 |
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24 | 22 | | severability; providing retroactive application; 11 |
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25 | 23 | | providing an effective date. 12 |
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26 | 24 | | 13 |
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27 | 25 | | Be It Enacted by the Legislature of the State of Florida: 14 |
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28 | 26 | | 15 |
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29 | 27 | | Section 1. Creation of the district; boundaries ratified 16 |
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30 | 28 | | and approved.—The final decree creating and incorporating the 17 |
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31 | 29 | | Bermont Drainage District, Charlotte County, entered by the 18 |
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32 | 30 | | Circuit Court of the Twelfth Judicial Circuit in and for 19 |
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33 | 31 | | Charlotte County, Florida, on March 12, 1965, creating and 20 |
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34 | 32 | | incorporating the Bermont Drainage Distri ct as a public 21 |
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35 | 33 | | corporation of this state, and all subsequent proceedings taken 22 |
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36 | 34 | | in said circuit court concerning said district are ratified, 23 |
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37 | 35 | | confirmed, and approved. 24 |
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38 | 36 | | Section 2. The charter for the Bermont Drainage District 25 |
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39 | 37 | | |
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50 | 46 | | |
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51 | 47 | | is created to read: 26 |
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52 | 48 | | Section 1. Status and boundaries of Bermont Drainage 27 |
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53 | 49 | | District.—The Bermont Drainage District is hereby declared to be 28 |
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54 | 50 | | an independent water control district and a public corporation 29 |
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55 | 51 | | of the state pursuant to chapters 189 and 298, Florida Statutes, 30 |
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56 | 52 | | and the lands lying within the area described as follows in 31 |
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57 | 53 | | Charlotte County shall hereby constitute the Bermont Drainage 32 |
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58 | 54 | | District: 33 |
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59 | 55 | | 34 |
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60 | 56 | | Township 40 South, Range 26 East. 35 |
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61 | 57 | | The Southwest 1/4 of the Southwest 1/4 of Section 23; the 36 |
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62 | 58 | | South 1/2 of the Southeast 1/4 of the Southwest 1/4 of 37 |
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63 | 59 | | Section 23. 38 |
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64 | 60 | | The South 1/2 of the Southeast 1/4 of Section 24. 39 |
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65 | 61 | | All of Section 25. 40 |
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66 | 62 | | All of Section 26. 41 |
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67 | 63 | | All of Section 25, less the R/W for road in said section. 42 |
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68 | 64 | | All of Section 36, less the R/W for road in said section. 43 |
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69 | 65 | | All Government Lots in said sections to be included. 44 |
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70 | 66 | | Containing 2,900.24 acres. 45 |
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71 | 67 | | 46 |
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72 | 68 | | Section 2. Minimum charter requirements. —In accordance 47 |
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87 | 81 | | |
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88 | 82 | | (1) The district is organized and exists for all purposes 51 |
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89 | 83 | | set forth in this act and chapter 298, Florida Statutes. 52 |
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90 | 84 | | (2) The district's charter may be amended only by special 53 |
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91 | 85 | | act of the Legislature. 54 |
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92 | 86 | | (3) In accordance with chapter 189, Florida Statutes, this 55 |
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93 | 87 | | act, and ss. 298.11 and 298.12, Florida Statutes, the governing 56 |
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94 | 88 | | board of the district shall be designated the "Board of 57 |
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95 | 89 | | Supervisors of the Bermont Drainage District" and shall be 58 |
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96 | 90 | | composed of three persons, who shall be qualified to hold such 59 |
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97 | 91 | | office if they are l andowners within the district, residents of 60 |
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98 | 92 | | the state, and citizens of the United States, elected on a 1 -61 |
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99 | 93 | | acre, one-vote basis by the landowners in the district; however, 62 |
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100 | 94 | | landowners owning less than 1 acre in the aggregate shall be 63 |
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101 | 95 | | entitled to one vote. Lan downers with more than 1 acre shall be 64 |
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102 | 96 | | entitled to one additional vote for any fraction of an acre 65 |
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103 | 97 | | greater than 1/2 acre owned when a landowner's acreage has been 66 |
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104 | 98 | | aggregated for purposes of voting. The membership and 67 |
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105 | 99 | | organization of the governing board sha ll be as set forth in 68 |
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106 | 100 | | this charter and chapter 298, Florida Statutes, provided this 69 |
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107 | 101 | | charter controls with respect to any inconsistency. 70 |
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108 | 102 | | (4) The compensation of the governing board members shall 71 |
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109 | 103 | | be governed by this act and chapter 298, Florida Statutes. 72 |
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110 | 104 | | (5) The administrative duties of the governing board shall 73 |
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111 | 105 | | be as set forth in this act and chapters 189 and 298, Florida 74 |
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112 | 106 | | Statutes. 75 |
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113 | 107 | | |
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124 | 116 | | |
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125 | 117 | | (6) Requirements for financial disclosure, meeting 76 |
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126 | 118 | | notices, reporting, public records maintenance, and per diem 77 |
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127 | 119 | | expenses for district officers and employees shall be as set 78 |
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128 | 120 | | forth in chapters 112, 189, 190, 286, and 298, Florida Statutes, 79 |
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129 | 121 | | and all other applicable general laws of the state. 80 |
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130 | 122 | | (7) The procedures and requirements governing the issuance 81 |
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131 | 123 | | of bonds, notes, and other evidence of indebtedness by the 82 |
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132 | 124 | | district shall be as set forth in chapters 189 and 298, Florida 83 |
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133 | 125 | | Statutes, and applicable general laws. 84 |
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134 | 126 | | (8) The procedures for conducting district elections or 85 |
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135 | 127 | | referenda and for qualification of electors shall be pursuant t o 86 |
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136 | 128 | | chapters 189 and 298, Florida Statutes; however, a quorum for 87 |
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137 | 129 | | purposes of holding the annual meeting or any special meetings 88 |
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138 | 130 | | shall consist of those landowners present in person or 89 |
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139 | 131 | | represented by proxy at said meeting. 90 |
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140 | 132 | | (9) The district may be financed b y any method established 91 |
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141 | 133 | | in this act, chapter 298, Florida Statutes, and other applicable 92 |
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142 | 134 | | general laws of the state. 93 |
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143 | 135 | | (10) The district is authorized to assess and levy a 94 |
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144 | 136 | | maintenance tax that shall be equal and uniform in amount upon 95 |
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145 | 137 | | each acre of land ass essed, and upon any tract or parcel less 96 |
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146 | 138 | | than 1 acre in size. 97 |
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147 | 139 | | (11) The methods for collecting non -ad valorem 98 |
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148 | 140 | | assessments, fees, or service charges shall be as set forth in 99 |
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149 | 141 | | chapters 197 and 298, Florida Statutes, and other applicable 100 |
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150 | 142 | | |
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161 | 151 | | |
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162 | 152 | | general laws of the s tate. 101 |
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163 | 153 | | (12) The district's planning requirements shall be as set 102 |
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164 | 154 | | forth in chapters 189 and 298, Florida Statutes. 103 |
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165 | 155 | | (13) The district's geographic boundary shall be as set 104 |
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166 | 156 | | forth in this act. 105 |
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167 | 157 | | Section 3. Provisions of chapter 298, Florida Statutes, 106 |
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168 | 158 | | made applicable.—The Bermont Drainage District hereby created 107 |
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169 | 159 | | shall be an independent water control district and a public 108 |
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170 | 160 | | corporation of this state. The provisions of state law 109 |
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171 | 161 | | applicable to water control districts or subdistricts which are 110 |
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172 | 162 | | embodied in chapter 298, Florida Statutes, so far as not 111 |
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173 | 163 | | inconsistent with this act, are hereby declared to be applicable 112 |
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174 | 164 | | to the Bermont Drainage District. The Bermont Drainage District 113 |
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175 | 165 | | shall have all of the powers and authorities conferred in this 114 |
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176 | 166 | | act and chapter 298, Flori da Statutes. 115 |
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177 | 167 | | Section 4. Severability. —If any provision of this act or 116 |
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178 | 168 | | the application thereof to any person or circumstance is held 117 |
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179 | 169 | | invalid, the invalidity shall not affect other provisions or 118 |
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180 | 170 | | applications of the act which can be given effect without t he 119 |
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181 | 171 | | invalid provision or application, and to this end the provisions 120 |
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182 | 172 | | of this act are declared severable. 121 |
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183 | 173 | | Section 3. This act is remedial in nature and retroactive 122 |
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184 | 174 | | to March 12, 2025. 123 |
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185 | 175 | | Section 4. This act shall take effect upon becoming a law. 124 |
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