Florida 2025 Regular Session

Florida House Bill H4033 Latest Draft

Bill / Comm Sub Version Filed 04/01/2025

                                
    
CS/HB 4033  	2025 
 
 
 
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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 San Carlos Estates Water Control 2 
District, Lee County; providing that the San Carlos 3 
Estates Water Control District, an independent special 4 
district, shall become a dependent district of the 5 
City of Bonita Springs; reenacting, amending, and 6 
repealing a certain circuit court decree; providing 7 
for transition; providing that members of the city 8 
council shall assume the offices of the board of 9 
supervisors of said district; providing boundaries; 10 
requiring a referendum; providing effective dates. 11 
 12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1. San Carlos Estates Water Control District 15 
continuation and transfer. —The San Carlos Estates Water Control 16 
District, an independent special district created by circuit 17 
court decree, shall become a dependent district of the City of 18 
Bonita Springs on the effective date of this act. 19 
 (1)  Decree 69-105 entered by the circuit court in and for 20 
the Twelfth Circuit Court of the State of Florida creating and 21 
incorporating the San Carlos Estates Water Control District is 22 
reenacted, amended, and repealed as provided herein. The 23 
provisions of chapter 298, Florida Statutes, so far as not 24 
inconsistent with this act, are applicable to the district. 25      
    
CS/HB 4033  	2025 
 
 
 
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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 
 
 (2)  The assets, liabilities, financial allocations, and 26 
written contracts of the San Carlos Estates Water Control 27 
District, including all rights, obligations, duties, and 28 
relationships now existing by law, easement, permit, or 29 
agreement, shall be unaffected and remain in full force and 30 
effect and shall be those of the district as a dependent 31 
district of the City of Bonita Springs. All rights, claims, 32 
actions, orders, and all contracts of the special di strict and 33 
all legal or administrative proceedings involving the district 34 
shall continue in full force and effect under the jurisdiction 35 
of the district as a dependent district of the City of Bonita 36 
Springs. 37 
 (3)  The terms of office of the current members of the 38 
Board of Supervisors of the San Carlos Estates Water Control 39 
District shall continue until the members of the City Council of 40 
the City of Bonita Springs assume the offices of the Board of 41 
Supervisors of the San Carlos Estates Water Control District . 42 
 (4)  The jurisdictional boundaries of the district are as 43 
follows: 44 
 45 
: In Township 47 South, Range 25 East, Lee County, 46 
Florida—Section 14—the North half (N 1/2); Section 15 —47 
all that portion lying East of Atlantic Coast Line 48 
Railroad right-of-way, excepting a tract of land 49 
described as follows: Beginning at a point on the line 50      
    
CS/HB 4033  	2025 
 
 
 
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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 
 
common to Sections 15 and 22, which point is westerly 51 
along said line for 4,026.5 feet from the Southeast 52 
corner of said Section 15; run westerly to the right -53 
of-way of the Atlantic Coast Line Railroad; thence run 54 
northerly along said railroad right -of-way line, 65 55 
feet from the center line to a point 760 feet North of 56 
said Section line common to Sections 15 and 22; thence 57 
run easterly parallel with said Section line to a 58 
point of intersection with a line through the point of 59 
beginning parallel with the West line of said Section 60 
15; thence run South along said line parallel with 61 
said West line of said Section 15 for 760 feet to the 62 
point of beginning: and also including a tract of lan d 63 
being bounded on the North by the easterly extension 64 
of the North line of Lot 14 of Block 15, Bonita 65 
Terrace Subdivision and on the South by the easterly 66 
extension of the South line of Lot 17 of Block 15 of 67 
said Bonita Terrace Subdivision, as recorded in the 68 
Public Records of Lee County, Florida, in Plat Book 8 69 
at Page 23. 70 
Section 16— Lots 14, 15, 16 and 17 of Block 15, Bonita 71 
Terrace Subdivision, according to the map or plat 72 
thereof on file and recorded in the office of the 73 
Clerk of the Circuit Court of Lee County, Florida in 74 
Plat book 8 at page 23. 75      
    
CS/HB 4033  	2025 
 
 
 
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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 22—A tract or parcel of land lying North and 76 
East of U.S. Highway No. 41, more particularly 77 
described as follows: From the Southeast Corner of 78 
said Section 22 run N. 83° 36' 30" W. along the South 79 
line of said Section 22 for 192.31 feet to an 80 
intersection with the northeasterly right -of-way line 81 
of said U.S. No. 41; thence run N. 45° 27' 40" W. 82 
along said right-of-way line (50 feet from the center 83 
line) for 880 feet to a concrete monument; thence run 84 
N. 44° 32' 20" E. perpendicular to said right -of-way 85 
line for 1,130.31 feet to a concrete monument on the 86 
East line of said Section 22; thence run N. 1° 01' 00" 87 
W. along said Section line for 271.62 feet to a POINT 88 
OF BEGINNING; thence run N. 25° 49' 50" W. for 5,746.1 89 
feet to a point on the southeasterly boundary of lands 90 
conveyed by and described in a deed recorded in Deed 91 
Book 321 at page 493, Public Records of Lee County, 92 
Florida, which point is S 44° 32' 20" W., and thence 93 
northeasterly along this bounda ry line 22.12 feet to 94 
the concrete monument on the North line of Section 22. 95 
thence East to the Northeast corner of said Section; 96 
thence South along the East line of said Section to 97 
the point of beginning. 98 
  99      
    
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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 
 
 (5)  To the extent not inconsistent with city o rdinances, 100 
all resolutions and policies of the San Carlos Estates Water 101 
Control District shall remain in effect until amended, revised, 102 
or repealed by the board of supervisors. 103 
 (6)  Additional provisions which are necessary to effect 104 
this transition and to provide for the operation of the San 105 
Carlos Estates Water Control District as a dependent district of 106 
the city shall be adopted by ordinance. 107 
 Section 2.  Referendum.— 108 
 (1)  The referendum election called for by this act shall 109 
be held: 110 
 (a)  On or before October 1, 2025, for landowners of the 111 
San Carlos Estates Water Control District, who shall vote in the 112 
same manner by which the district's governing body is elected. 113 
 (b)  On August 18, 2026, concurrent with the 2026 primary 114 
election, for qualified el ectors of the City of Bonita Springs. 115 
 (2)  The ballot title for the referendum question shall be 116 
in substantially the following form: 117 
CONVERSION OF SAN CARLOS ESTATES WATER CONTROL DISTRICT TO A 118 
DEPENDENT DISTRICT 119 
 (3)  The referendum question shall be pl aced on the ballot 120 
in substantially the following form: 121 
 Shall Chapter 2025-___, Laws of Florida, making the San 122 
Carlos Estates Water Control District a dependent district of 123 
the City of Bonita Springs and providing that the City Council 124      
    
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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 City of Bonita Springs shall serve as the board of the 125 
district, become effective? 126 
 ( ) YES. 127 
 ( ) NO. 128 
 (4)  In the event this question is answered affirmatively 129 
by a majority of landowners of the San Carlos Estates Water 130 
Control District and a majority of qualified e lectors of the 131 
City of Bonita Springs, this act shall take effect.  132 
 Section 3. This act shall take effect only if a majority 133 
of those landowners of the San Carlos Estates Water Control 134 
District voting in the same manner by which the district's 135 
governing body is elected in a referendum held on or before 136 
October 1, 2025, and a majority of qualified electors of the 137 
City of Bonita Springs voting in a referendum held on August 18, 138 
2026, approve the referendum question in section 2, except that 139 
this section and section 2 shall take effect upon becoming a 140 
law. 141