SMOAK OF CHARLOTTE

NELL

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P,O. BOX

LSO. UTHCOWADANABMOS STSWTRICEEKTL. EGISLATIVE  B3UR03EAU
TALLAHABSEE,.FLORIDA

328

HOUSE  BILL  NO.  -27-11--

PASSED	_:  READ 1ST. TIME	6-1-6�

A bill to be entitled
ADnisatcrticrtelcarteiantgedtoundEearstChCahpatrelro.t2t9e8DFralionraigdea
Santdatuaptperso; vRiangtifthyiengd,isrtresitctatbiongun, daexrtiesd; ing

MparlotviingsioanpsploifcabClheaptteors2u9c8h

FdilosrtirdiactStthateutes;

Flainndsnginaspauidbldiicsbterniceftiatr; eFibenndeifnigtetdh;at  all

.penrofvoircdeimnegntforofthaellletvayxe, scolellveicedtiobny

asnadid

daisstCrouinctyattaxtehse; saprmeovitdimienganfdoritnhleiskeammeanner 	I
dclisacroinugnttahnadt  wpaetnearlstieisn  asasidCodunisttyrtiactxesar; edea­	"
cthoemmpornoevnisemiyo;nsProofvtidhie·ngactfo; rPrseoveirdaibniglithtyatofa
. '	fthleictaicntgshlawltotatkheeprexecteendetnocef  souvcehr  oaonnyflciocnt­;
I	Ainptpernovtiiongn  ttoh�1:amppalnynerforoftghiivs inlgegniostliactieono;f  En­
asuctbjinecgt;otAhnerd,:.prroviisdiinongstrhealtatthinigs  tacotthshiasll
otarkuepoenffeictts  \jb.epconomiintsg  aapplraowvwalitbhyoutthesucGhovernor

approval.	,I,.a

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•Be It,Enacted by �.,he Legislature of the State of Florida:a

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Section  1.	Drt,  strict  Formation  Ratified,  Restated	,,

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and Approved:	The decree of the Circuit court in and for
the  Tw, elfth  Judic�IaI  l  Circuit,	Charlotte  County,  Florida,  en-.

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teredain  Chancerya1 ro,  4694:with  respect  to  TROPICAL  RIVER

GROVES WATER CONTR,1OL

DISTRICT,

a public corporation of this

State;	subsequentj.i ,decrees

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the  Circuit  Court  in  and  for

the �elfth Judic{�l Circui't, Charlotte County, Florida, en- tered'.in  Chancery'\.No,  4694  ch• anging • the  name  4of  said  District
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to EAST CHARLOTTE:pRAINAGE,DISTRICT and all subse�uent pro-

including the provisions s�tting the boundaries of said Drainage District,are ratified, confirmed and approved.

;ceedings  taken  in i�aid  Cir�uit  Court  concerning  saicj.  District

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r hwUSE BILL NJ •..Z '//L ·•

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Section 2.	Boundaries of the District.	The territorial boundaries of the District shall be as stated in the various
orders and decrees .of the Circuit Court of the Twelfth Judicial

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Circuit in and for Chariotta County,_en arad in Chancery No.'
4694and shall include all_ of the following described·property	I
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all locatad:in Township 40 :south, Range 26 East in Charlotte
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County, Florir daz

Section

'In		l4:	The West  one-half  of Section 14 and the West one-half of the Northeast one-quarter.
Section 15:	The Southeast one-quarter

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II	of the Northeast one-quarter.
Section 2]:' The South one-half.

All ofr·  Saetions 16 an.d 22.

,.	Section 231:	The Northwest one-quarter· of the Southwest one-quarter.

. All of Sections 27 ,and 34, together with all easements and rights-of-way heretofore
,acquired by East Charlotte Drainage District.
All are ratified, : onfirmed and approved.
The boundaries are iegally descr.1bed as follows:

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Commencing at the southeast corner of Section··34
·run north on the east lines of Section 34, Section 27 and Sedtion 22, to a point on the east line of Section 22, comprising the Southwest corner of the Northwiest one quarter of the Southwest one quarter of Section :23, thence run east along the

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south line' of the Northwest one-quarter· of the	I
southwest tone-quarter of Section 23 to the southeast corner of;the Northwest one-quarter of the Southwest· one-quarter of said'section, thence run north on
the east line of the Northwest one-equirter of the Southwest 1one-quar'etr. of Section 23 to the· northeast corner of1 the Northwest one-quarter of the Southwest one-quarter of sect'ion 23, thence run wast·on the north line of the Northwest one-quarter of the southwest ione-quart'erof section 23 to the east line
of sectiori ·22, thence run north to the Northeast corner of:·section 22 and the southwest .corner'·of section 14, thence run east on-the south line:of
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Section 13,	When Act to Take Effect,	ih1s· ct shall· take effect iml'nediately upon its approval by	the · Governor or upon ita becoming a law without such approval,·
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Sec;tion 14 to the Southeast corner 0£ the Southwest one-quarter·of Section 14, thence run north on·the east line  of  the  Southwest one quarter of Section 14 to the northeast
corner 0£ the Southwest one-quarter of Section 14; thence :run east on the south Urie 0£ the
west one-half of the Northeast one-quarter 0£
.,	Section 14 tc> the	Southeast corner of the
West one-hal£ of the Northeast one-quarter 0£
Section 14, thence run north on the east lino ·
of  th'e  West  one-half 0£· the	Northeast one-
quarter 0£Section 14 to the northeast corner
of the West  one-hal£ o!the  Northeast one-quarter of Section 14,  thence  run  west  on the north line 0£ Section 14 to the Northwest corner of Section 14, thence run  south on the  west line of  Section 14 to the Northeast corner of the Southeast one­ quarter 0£tlie Northeas!t one-quarter  of  Section 15, thence l:'un west on·the north line of the
Southeast otie.quarter  bf  the  Northeast  o e-quarter of Section 115 to the	northwest corner  of  the Southeast  one-quarter Of the	Northeast one-quarter of Section l:S, thence run south along the west
line 0£the Southeast one-quarter of the Northeast one-quarte1'1 of Section ·15 to the  southwest  corner of the southi!,ast one-quarter of the northeast one­ quarter of Section 15, thence run easterly on the south line 0£ the northeast one-'quarter of Section• 15 to the we-st line of Section 14, thence run
south along the west line of Section 14 to  the  north• east corner•:of Section ZZ, thence run west along the north line oi Section ZZ. to the Southeast corner 0£ Section .16, ·thence run,north on the  east line  of Section 16 to the Northeast corner  of  Section  16, thence run west on the 'north line of Section 16 to
the Northwest corner of  Section  16,  thence   run south on thelwest line bJ Section 16 to  the  South­ west corner' of Section :16, thence  run east on the south line of Section 16:to the Southeast corner  of Section 16, !thence .run south on the west line of Section 22 arid the east line of Section Zl to the Northeast c'6rner of th,f South on -half of Section
21,	thence  run  west  on'the  north  line  of the  South	,. one-hal!·of 'Section  21  to  the  Northwest  corner  0£  the  ,i South one-hal£ of Secti6n·21, thence run south1 on the wilet:
line  of Sectfon  21 to th	Southwest  corner'of  Section	· 21,	thence rlun east on:the south line of Section 21
to the South&ast corner of Section Zl and the South•,

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west corner;of Section:22, thence run south on the west line of·Section 2.7iand Section 34 to the South-
. west corner:of Section·34, thence run east on the south line o'f Section 34l to the poi-nt oi beginning,

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Section 3. Provisions of Chapter 2981 ,lf'lorida Statutes Made Applicable.	:E:ast Charlotte Drai age District,,
a public co:iiporation of this· State, created unde.r Chapter 298, Florida Statutes shall be governed by provisions of the general drainage laws o ;Florida appli able to such drainage districts..or sub-dr,ainage districts which arfi! em­

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boclied in Chapter 298 Florid,a·

Statutes, and all of the liilws

amendatory thereof; now existing or hereafter enacted, -so far
·as not inconsistent with this act or any subsequent special acts yelating to Etst Char'lo,tte Drainage District.
Section 4. Installment taxes and the Collection

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thereof.

'l'he provisions of section 298.37, Section 298.38,

Section·298.39, Section 298;40, Section 298.41 and Section 298.42
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Floricla statutes and.Amendments thereto, shall not be applicule to said District•. In lieu thereof the following provisions .. shall apply to said District".
Annual-installment taxes which are levied under
Section 298.36 Florida Statutes, shall become due and be collect-
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·ed dur: ing each yearI

at the same time that county taxes are due

and collected, and'said annual installment and levy shall be
:eviclericed to·and· certifiecl to· by the Boarcl of supervisors not
·later·: than August 31st of eai;:h year, to the 'l'ax' Assessor of Charlbtte County•. Said tax lihall be extended by' the said 'l'ax
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Assessor of Charlotte county::and shall be collected by the 'l'ax
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Collector of Charlotte county in the same manner and time as
county taxes, and the procee s thereof paid to said qistrict.
Said tax shall be	lien until paid on the property against
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which assessed, and enforceable in like manner as county taxes.
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.. ...lUSE BILL NO•.Z 'l / L	 ,

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: Section 5.	Maintenance Tax.	For the purpose of
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paying the cost of administer,ing the affairs of the Dist_rict generally, and for the purpos'e of maintaining, operating-, preserving and rendering effic. ie. nt ditches, canais, drains,
dikes, levees and other improvements, and for the purpose of
defraYi ng expenses of the District, the Board is hereby·
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empowered to levy a_tax upon the lands within the draina e district, not to exceed the sum of $12.50 per acre per year.
Maintenance taxes as provided herein and under section
298.54 Florida Statutes, shall be apportioned as determined by
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the Board of Supervisors and :shall be evidenced to and car-
tified by the Board of	Supervisors not later than August 31st.
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of each year, to the Tax Assessor of Charlotte County and
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pon the county L'tax'roll and Shall be collected by the Tax	-i
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Co.   llecItor of_Charlotte Countylin the same manner and time as
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county· taxes and the.   proceeds therefrom paid to such Distric-t· 	,
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Such tax shall be a-lien until paid on the property against
which assessed and enforceable in like manner as county,taxes.
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section 6. 'The County Tax Assessor shall receive his
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compensation for the duties required of him by the provisions of th:i.s Act at a cotnmission of. three percent (3%) upon the
amount. of taxes of the District by him assessed, except•errors,
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and one percent (l¾)·on delinquent 1;:axes when red emed, and
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the Coi.mty Tax Collector shall receive his compensation:-for
the duties required!:of him by the provisions _of 1this Act a com. ission of three,,.percent (3%) upon the amount of taxes of
the District by him .collected· and one pe.rcent (1%) on diallinquent
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taxes'when collectea.
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1    ,      section 7._	Enforcement of Taxes.	The provisio,.ns of
·sectidn 298.43, secl,,ion 298.44, Section 298.45 and Section
298.46 Florida Statutes and Amendments thereto, shall nbt be

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:,.applicable to said District.
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shall.apply to said Didtrict.

In lieu thereof, the following

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The collection and enforcement of all taxes levied by said District shall be at:the same time and in like manner
as county taxes, and the provisions of the Florida statutes
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elating to	he sale of lands for.unpaid and delinquent
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county taxes, the issuance, sale and delivery of tax cer-
tifi'cates for such unpaid and delinquent county taxes.,·the'

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r. ed.emp,.,:tion thereof, the issuance to individuals of tax·deeds based thereon, and all other procedures in connection there-
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with, ,shall _be applicable to ,said District and the delinquent
and U1:J?.aid taxes of said Dis rict to the same extent as.if
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_said Statutory'· provision_s were expressly set forth in this Act.
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All taxes shall be subject to the same discounts as County
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Section a.	When Unpaid Taxes Delinquent; Penalty;

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All taxes provided £or in this Act shall become delinqu·ent nd bear penalties .on the amount of said taxes in the s e	·
manner as County Taxes•
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section 9.· water a Common Enemy.	It is hereby:,
determined, declared and enacted that the lands in the .:
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District in their natural condition are wet and s_ubject ,to
overflow, and that the drain<l,ge, reclamation and protection
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f said lands from the effecti of water and.thereby the making
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of said lands available for
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agricultural, settlement, urban
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a.:nd supdivision purposes by qrainage, reclamation and improve-
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nient, and the creatfon of said District with the powers::vested
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in it by this Act,. are in the' interest of	and conducive.·to
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publici·welfare, health and convenience.	It is further de-
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claredi that in raid District, :surface waters, which shali
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include rainfall from the overflow of rivers afd streams
are a co=on enex:,.y, and said District and any individu·a1
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,, have the right to dike, ,dam and construct levees to protect the said District-or any pa:i:t thereof, or the property· of said.!individual or· agency against the eme, and thereby divert the course and.flow of such surface waters and/or pump.the
.water from within such dikes and levees.
Section 10·.	Severability. ·In case any one or· more of the Sections or; provisions of this Act or the applic:ation of such Sections or provisiohs to any situation, cirC\l1llStances

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or persons shall for·any reason be held to be unconstitutional,
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or provisions of this Ac't or the application of such Sections
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or provisions to any other situation, circumstances or persons
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and it is intended that this law shall be construed and applied as if such Section or provision had not been included herein for any uncdnstitutio al.pplication.
Section ll.: Effect of Conflict.	In the event :of a
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conflict between the provisions of this Act and the pro:visions
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of any other Act, the provisions of this Act shall cont ol to
the extent of such conflict.:
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Section 12.	Notice of Intention.	It is found and
determined that Not.tee of Intention to apply for this Legisla-
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tion was given in the time, f_orm and manner required by•the Constitution and th , Laws.	s:aid Notice is found to.b
sufficient and is h reby vali'dated and approved.
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