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A bill to be entitled
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An act relating to Lee County and Hendry County;
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creating and establishing the Lehigh Acres Municipal
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Services Improvement District as an independent
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special district; making legislative findings; stating
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legislative intent; providing a district charter;
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describing boundaries; providing powers and authority
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of the district; providing for the applicability of
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chapters 189, 197, and other general laws; providing
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for a district board; providing authority, duties, and
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powers of the district board; providing for elections
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to the board; providing for compensation to board
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members; providing for removal of board members;
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providing authority for board to employ and manage
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staff; repealing chapters 2000-423, 2003-315, 2005-
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308, 2006-319, 2009-260, and 2012-254, Laws of
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Florida, relating to the East County Water Control
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District; dissolving the East County Water Control
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District; providing for the transfer of assets,
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assumption of all lawful debts and other obligations,
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and continuation of contracts by the Lehigh Acres
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Municipal Services Improvement District; prohibiting
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annexation by any municipality of any area within the
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district; providing an exception for municipal
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incorporation of the entire area; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1.
Legislative findings. The Legislature finds the
following:
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(1)
Lehigh Acres is comprised of approximately 70,000
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acres lying in the unincorporated areas of eastern Lee County
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and western Hendry County.
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(2)
According to the U.S. Census Bureau, the population of
Lehigh Acres is approximately 86,784.
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(3)
Upon completion of all projected construction, the
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population of Lehigh Acres is projected to exceed 250,000
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persons, making Lehigh Acres one of the largest communities in
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Florida.
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(4)
The East County Water Control District currently
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provides such services as authorized under chapter 298, Florida
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Statutes, to the entire described area of Lehigh Acres in Lee
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County and Hendry County.
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(5)
The Lehigh Acres Fire Control District currently
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provides such services as authorized under chapter 191, Florida
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Statutes, to the area of Lehigh Acres located in Lee County.
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(6)
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The Lehigh Acres Streelighting Unit is a dependent
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special district created and controlled by the Lee County Board
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of County Commissioners. The Streetlighting Unit operates within
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a designated area of Lehigh Acres with the purpose of providing
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streetlighting, maintenance of streetlights, and installation
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and maintenance of decorative seasonal banners and holiday
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lighting.
(7)
In non-binding referenda conducted in 1996 and 2008,
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the residents in Lehigh Acres rejected proposed incorporation of
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a municipal general government.
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(8)
The residents in Lehigh Acres continue to prefer and
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support the method of non-ad valorem assessment utilized by the
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East County Water Control District and also prefer to utilize
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the same funding method to meet other specific needs within the
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community, including without limitation the installation and
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maintenance of streets, sidewalks, and streetlights.
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(9)
There is no pending or proposed municipal
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incorporation for Lehigh Acres and the residents remain under
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several different special districts, imposing multiple layers of
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administration, regulation, and cost, including multiple
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assessments, both ad valorem and non-ad valorem, for the
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delivery of services.
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(10) The unique history and situation of Lehigh Acres, the
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need and desire of the population for basic services now being
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addressed in part by multiple districts, and the lack of any
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reasonable alternatives, prove that an independent special
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district with powers and authority sufficient to address the
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diverse needs of this population will provide the broadest
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degree of necessary services in the most efficient, least
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intrusive, and most cost-effective manner.
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Section 2.
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(1)
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Municipal Services Improvement District for the purposes of
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providing the services authorized in this act.
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For the effective and efficient provision of services
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to all residents and visitors in Lehigh Acres, it is the intent
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of the Legislature for the Board of Commissioners of Lee County
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and the Board of District Commissioners of the Lehigh Acres
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Municipal Services Improvement District as soon as practicable
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to negotiate for the implementation by the district of the
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powers authorized under Article III, Section 3.03 of the
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district charter provided in s. 4 of this act.
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Section 3.
The Lehigh Acres Municipal Services Improvement
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District (“district”) is hereby created as an independent
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special district in Lee County and Hendry County. The district
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is organized and exists for all purposes and shall hold all
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powers set forth in this act and chapters 189 and 197, Florida
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Statutes, as they may be amended subsequent to this act, except
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as otherwise provided in this act. The district charter may be
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Based on the foregoing findings, it is the intent of
the Legislature to create and constitute the Lehigh Acres
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Legislative Intent.
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amended only by special act of the Legislature.
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The charter for the Lehigh Acres Municipal
Services Improvement District is created to read:
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ARTICLE I
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NAME AND CORPORATE STATUS
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Section 1.01. The name of the district is the Lehigh Acres
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Municipal Services Improvement District.
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Section 1.02. The district shall be an independent special
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district of the State of Florida and a body corporate and
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politic.
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ARTICLE II
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DISTRICT BOUNDARIES
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2.01. The lands incorporated within the Lehigh Acres Municipal
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Services Improvement District consist of the following described
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lands in Lee County and in Hendry County:
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A.
LANDS IN LEE COUNTY, FLORIDA:
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SECTION 25: The following portions of Section 25;
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The East 1/2 of the Northeast 1/4 of the Northeast 1/4,
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together with the Northeast 1/4 of the Southeast 1/4 of
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the Northeast 1/4.
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TOWNSHIP 43 SOUTH, RANGE 27 EAST
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SECTION 19:
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Commencing at the Southeast corner of Government Lot 5
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of said Section 19, said point also being the Southeast
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Corner of the Southwest of said Section 19; thence North
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89° 32' 09" West along the South line of said Section
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19, a distance of 941.17 feet to the POINT OF BEGINNING
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thence continuing along the south line of said Section
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19 a distance of 623.70 feet; thence North 00° 33' 48"
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West along the west line of lands described in Book
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4433, Page 952-953 of the Official Records of Lee
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County, Florida a distance of 579.14 feet to a point on
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the southerly right-of-way of the Caloosahatchee River
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Canal; thence North 72° 41' 35" East along said right-
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of-way a distance of 264.64 feet; thence North 50° 57'
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38" East along said right-of way a distance of 399.11
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feet; thence North 84° 04' 34" East along said right-of-
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way a distance of 57.98 feet to the northeast corner of
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lands described in Book 3558, Page 3183-3185 of the
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Official Records of Lee County, Florida; thence South
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00° 33' 49" East along the east line of said lands a
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distance of 920.30 feet to the POINT OF BEGINNING and
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there terminate.
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SECTION 30: The following portions of Section 30;
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That portion of the West 1/2 of said Section 30 lying
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North of State Road 80, LESS the West 118.40 feet
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thereof.
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That portion of the Northwest 1/4 of the Northeast 1/4 of
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Section 30 lying North of State Road 80.
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That portion of Section 30 lying South of the Southerly
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Right-of-Way line of State Road 80, LESS the West 200.00
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feet of said Section 30 lying South of Hickey's Creek,
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AND LESS lots 18 thru 28, Lots 31 and 32, Lots 37 and
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38, Lots 41 thru 44 all as shown on Pine Creek Acres,
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Unit No. 1 as recorded in Plat Book 10, Page 13 of the
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Public Records of Lee County, Florida;
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AND LESS Lot 1, Lots 23 and 24, Lots 27 and 28, the 50
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foot Right-of-Way for Dixie Lane and that portion of the
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50 foot Right-of-Way for Pine Boulevard lying Easterly
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of a line connecting the Northeast corner of Lot 92 with
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the Southeast corner of Lot 35 all as shown on Pine
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Creek Acres, Unit No. 2 as recorded in Plat Book 10,
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Page 74 of the said Public Records;
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AND LESS the following described parcel;
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BEGINNING at the Northeast corner of Pine Creek Acres,
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Unit No. 1 as recorded in Plat Book 10, Page 13 of the
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said Public Records; thence South 00° 56' 00" East along
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the East line of said Pine Creek Acres, Unit No. 1 and
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the Southerly projection thereof, a distance of 223.86
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feet; thence North 89° 35' 20" East, a distance of
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166.20 feet; thence North 00° 24' 40" West, a distance
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of 203.00 feet to the said Southerly Right-of-Way line
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of State Road 80; thence North 82° 54' 00" West along
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the said Southerly Right-of-Way line of State Road 80 to
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the POINT OF BEGINNING;
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AND LESS the following described parcel;
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Commencing at the said Northeast corner of Pine Creek
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Acres, Unit No. 1; thence South 82° 54' 00" East along
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the said Southerly Right-of-Way line of State Road 80, a
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distance of 307.31 feet to the POINT OF BEGINNING of
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this description; thence South 00° 24' 40" East, a
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distance of 237.58 feet; thence North 89° 35' 20" East,
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a distance of 209.19 feet; thence South 00° 24' 40"
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East, a distance of 918.16 feet; thence North 89° 35'
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20" East, a distance of 420.00 feet; thence North 00°
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24" 40" West, a distance of 1069.39 feet to the said
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Southerly Right-of-Way line of State Road 80; thence
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Northwesterly along the said Southerly Right-of-Way line
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of State Road 80 to the POINT OF BEGINNING;
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AND LESS the following described parcel;
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BEGINNING at the intersection of the East line of the
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Northwest 1/4 of the Northeast 1/4 of said Section 30 and
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the said Southerly Right-of-Way line of State Road 80;
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thence South 00° 24' 40" East along the East line of the
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West 1/2 of the Northeast 1/4 of said Section 30, a
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distance of 129.00 feet from the Northwest corner of the
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Southeast 1/4 of the Northeast 1/4 of said Section 30;
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thence South 89° 41' 55" East along a line parallel with
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the North line of the said Southeast 1/4 of the Northeast
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West to the said Southerly Right-of-Way line of State
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Road 80; thence North 81° 08' 00" West along the said
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Southerly Right-of-Way line of State Road 80 to the
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POINT OF BEGINNING.
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SECTION 31: The following portions of Section 31;
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The West 1/2, together with the West 1/2 of the Southeast
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together with the Southwest 1/4 of the Northeast 1/4,
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together with he Southwest 1/4 of the Northwest 1/4 of the
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Northeast 1/4, together with the Northeast 1/4 of the
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Northeast 1/4 of the Northeast 1/4.
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SECTION 36: The East 1/2 of Section 36, LESS the
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Northwest 1/4 of the Northeast 1/4 thereof.
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TOWNSHIP 44 SOUTH, RANGE 26 EAST
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SECTION 1-3: All of Sections 1, 2 and 3.
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SECTION 4: The East 1/2 of Section 4.
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SECTION 10: The following portions of Section 10;
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The East 1/2 of the Southeast 1/4, together with the
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Northwest 1/4 of the Southeast 1/4.
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SECTIONS 11-14: All of Sections 11, 12, 13 and 14.
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SECTION 15: The East 1/2 of the East 1/2 of Section 15.
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SECTION 16: The following portions of Section 16;
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All of Units 1 through 5 of “Lehigh Acres” as recorded
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in Plat Book 27, Page 186 of the Public Records of Lee
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County, Florida, together with Lot 16, Block 36 of
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“Buckingham Park, Northwest Section” as recorded in Plat
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Book 9, Page 92 of the said Public Records.
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SECTION 19: The following portions of Section 19;
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The Southeast 1/4, together with that portion of the
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Northeast 1/4 of said Section 19 lying South of
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Buckingham Road.
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SECTION 20: The following portions of Section 20;
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The South 1/2, together with that portion of the North 1/2
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of said Section 20 lying South of Buckingham Road.
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SECTION 21: The following portions of “Buckingham Park,
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South Section” as recorded in Plat Book 9, Page 99 of
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the said Public Records being in Section 21:
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Lots 3 through 10 of Block 40; Lots 1 and 3 of Block 38,
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Lot 28 of Block 29; the North 40 feet of Lot 29 of Block
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29; all of Tract “D”, all of Block “E,” together with
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the Re-subdivision of that portion of Block “E” of said
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“Buckingham Park, South Section” as replatted on “Plat
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of Unit 3 Lehigh Park, a Subdivision of Lehigh Acres” as
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recorded in Plat Book 15, Page 66 of the said Public
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Records, together with that portion of said Section 21
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lying Southwesterly of the centerline of a 60 foot
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easement as described in Miscellaneous Book 32, Page 335
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of the said Public Records.
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SECTION 22: That portion of Section 22 lying South and
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Southwesterly of Homestead Road as shown on Plat of
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“Buckingham Park Entrance Roads” as recorded in Plat
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Book 9, Page 97 of the said Public Records.
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SECTIONS 23-29: All of Sections 23, 24, 25, 26, 27, 28
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and 29.
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SECTION 30: The following portions of Section 30;
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The South 1/2, together with the South 100 feet of the
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North 1/2 together with the remainder of the Northeast
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SECTION 31: That portion of said Section 31 lying
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Northeasterly of State Road 82.
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SECTIONS 32-36: All of Sections 32, 33, 34, 35 and 36.
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TOWNSHIP 44 SOUTH, RANGE 27 EAST
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SECTION 1: All of Section 1.
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SECTION 2: All of Section 2, LESS the Northwest 1/4 of
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the Northwest 1/4 thereof.
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/4.
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SECTION 3: All of Section 3, LESS the Northeast 1/4
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thereof, AND LESS the East 1/2 of the Northwest 1/4
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thereof.
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SECTIONS 4-6: All of Sections 4, 5 and 6.
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SECTION 7: The following portions of Section 7;
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The South 1/2, together with the Northwest 1/4, together
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with the Southwest 1/4 of the Northeast 1/4, together with
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the North 1/2 of the Northeast 1/4, together with the
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North 854 feet of the East 466 feet of the Southeast 1/4
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of the Northeast 1/4.
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SECTION 8: The following portions of Section 8;
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The South 1/2, together with the Northwest 1/4 of the
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Northeast 1/4, together with the West 1/2 of the Northeast
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Northwest 1/4.
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SECTION 9: All of said Section 9, LESS the Southwest 1/4
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of the Northeast 1/4 thereof.
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SECTIONS 10-36: All of Sections 10, 11, 12, 13, 14, 15,
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16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
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30, 31, 32, 33, 34, 35 and 36.
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/4, together with the East 3/4 of the Southeast 1/4 of the
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TOWNSHIP 45 SOUTH, RANGE 26 EAST
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SECTIONS 1-3: All of Section 1, 2 and 3.
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SECTION 4: All that portion of Section 4 lying North of
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State Road 82.
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SECTION 5: All that portion of Section 5 lying North of
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State Road 82.
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SECTION 6: All that portion of Section 6 lying North of
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State Road 82.
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SECTION 9: All that portion of Section 9 lying North of
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State Road 82.
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SECTION 10: All that portion of Section 10 lying North
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of State Road 82.
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SECTION 11: All that portion of Section 11 lying North
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of State Road 82.
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SECTION 12: All of Section 12.
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SECTION 13: All that portion of Section 13 lying North
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of State Road 82.
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SECTION 14: All that portion of Section 14 lying North
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of State Road 82.
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TOWNSHIP 45 SOUTH, RANGE 27 EAST
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SECTIONS 1-3: All of Sections 1, 2 and 3.
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SECTION 4: All of Section 4, LESS the Southeast 1/4 of
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the Southeast 1/4 thereof, AND LESS the South 1/2 of the
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Northeast 1/4 of the Southeast 1/4 of said Section 4,
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AND LESS the South 1/2 of the Northeast 1/4 of the
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Northeast 1/4 of the Southeast 1/4 of said Section 4, AND
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LESS the Northwest 1/4 of the Northeast 1/4 of the
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Southeast 1/4 of said Section 4.
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SECTION 5: The following portions of Section 5;
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The Northwest 1/4, together with the East 3/4 of the North
314
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the Southwest 1/4, together with the Southwest 1/4 of the
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Southeast 1/4 LESS the South 175 feet of the East 125
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feet thereof, together with The following described
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parcel being in the Northeast 1/4 of the Northeast 1/4 of
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said Section 5; Commencing at the Northeast corner of
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said Section 5; thence Westerly along the North line of
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/2 of the Southwest 1/4, together with The South 1/2 of
said Section 5, said North line of Section 5 being the
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South line of Units 7 and 18 of “Leeland Heights” as
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shown on plat recorded in Plat Book 12, Page 53 of the
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said Public Records, a distance of 116.51 feet to the
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Southwest corner of Lot 10 of Block 87 of said “Leeland
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Heights” and the POINT OF BEGINNING of this description;
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thence continuing Westerly along the said North line of
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Section 5, a distance of 1208.55 feet to the Northwest
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corner of the Northeast 1/4 of the Northeast 1/4 of said
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Section 5; thence South 01° 35' 34" East along the West
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line of the said Northeast 1/4 of the Northeast 1/4 of
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Section 5, a distance of 1149.72 feet; thence Easterly
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along a line parallel with the said North line of
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Section 5, a distance of 1268.07 feet to a point of
335
intersection with a line parallel with and 60 feet
336
Westerly of (as measured at right angles) the East line
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of said Section 5; thence North 01° 44' 40" West along
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said parallel line, a distance of 1089.78 feet to a
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point of intersection with a line parallel with and 60
340
feet Southerly of (as measured at right angles) the said
341
North line of Section 5; thence Westerly along said line
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parallel with and 60 feet Southerly of the North line of
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Section 5, a distance of 58.31 feet to a point of
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intersection with the Southerly prolongation of the West
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line of said Lot 10 of Block 87 of “Leeland Heights”;
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thence Northerly along said Southerly prolongation, a
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distance of 60.00 feet to the POINT OF BEGINNING.
348
Bearings in last described parcel relative to said Plat
349
of Units 7 and 18 of “Leeland Heights,” together with
350
the following described parcel beginning at the
351
Northwest corner of the Southeast 1/4 of said Section 5;
352
thence N02°13'08"W along the west line of the Northeast
353
1
354
point on the Southwesterly right-of-way line of
355
Homestead Road (80 feet wide); thence S45°12'26"E along
356
said Southwesterly right-of-way a distance of 3913.55
357
feet to the East line of the Southeast 1/4 of said
358
Section 5; thence S02°29'49"E along the East line of the
359
Southeast 1/4 of said Section 5 a distance of 1239.65
360
feet to the Southeast corner of the Southeast 1/4 of said
361
Section 5; thence S89°08'31"W along the South line of
362
the Southeast 1/4 of said Section 5 a distance of 1462.65
363
feet; thence N02°21'32"W a distance of 175.06 feet;
364
thence N89°08'31"E a distance of 125.05 feet to a point
365
on the East line of the Southwest 1/4 of the Southeast 1/4
366
of said Section 5; thence N02°21'29"W along the East
367
line of the Southwest 1/4 of the Southeast 1/4 of said
368
Section 5 a distance of 1141.39 feet to the Northeast
369
corner of the Southwest 1/4 of the Southeast 1/4 of said
370
Section 5; thence S89°08'13" W along the North line of
371
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/4 of said Section 5 a distance of 1405.94 feet to a
the Southwest 1/4 of the Southeast 1/4 of said Section 5 a
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distance of 1334.41 feet to the West line of the
373
Southeast 1/4 of said Section 5; thence N02°13'08"W along
374
the West line of the Southeast 1/4 of said Section 5 a
375
distance of 1316.26 feet to the POINT OF BEGINNING; with
376
the exception of the following described parcel recorded
377
in Book 2383, Page 399 of the Official Records of Lee
378
County, Florida and BEGINNING at the Northwest corner of
379
the Southeast 1/4 of said Section 5; thence N89°07'57"E
380
along the North line of said Southeast 1/4 a distance of
381
1340.36 feet to a point on the Southwesterly right-of-
382
way line of Homestead Road (80 feet wide);thence
383
S45°12'26"E along said right-of-way line a distance
384
530.85 feet to the POINT OF BEGINNING of said parcel;
385
thence continuing S45°12'26"E along said right-of-way
386
line a distance of 461.42 feet; thence S44°50'37"W a
387
distance of 100.69 feet; thence S89°07'57"W along a line
388
lying 780.00 feet South of (as measured per
389
perpendicular) and parallel to the aforementioned North
390
line of said Southeast 1/4 a distance of 687.60 feet;
391
thence N00°45'12"W a distance of 400.32 feet; thence
392
N89°07'57"E a distance of 436.39 feet to a point on the
393
Southwesterly right-of-way line of Homestead Road and
394
the POINT OF BEGINNING.
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SECTION 6: All of Section 6, LESS the following
396
described parcel: BEGINNING at the Southwest corner of
397
Government Lot 5 of said Section 6; thence Northerly
398
along the West line of said Government Lot 5, a distance
399
of 466.70 feet; thence Easterly along a line parallel
400
with the South line of said Government Lot 5, a distance
401
of 466.70 feet; thence Southerly along a line parallel
402
with the said West line of Government Lot 5, a distance
403
of 466.70 feet; thence Westerly along the South line of
404
said Government Lot 5, a distance of 466.70 feet to the
405
POINT OF BEGINNING.
406
SECTION 7: All of Section 7.
407
SECTION 8: All of Section 8, LESS the Southwest 1/4 of
408
the Southeast 1/4 thereof.
409
SECTION 9: The following portions of Section 9;
410
The West 1/2 of the Southwest 1/4, together with the
411
Southeast 1/4, together with the West 1/2 of the Northeast
412
1
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SECTIONS 10-17: All of Sections 10, 11, 12, 13, 14, 15,
414
16 and 17.
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/4, together with the Southeast 1/4 of the Northeast 1/4.
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SECTION 18: All of Section 18, LESS the 200 foot Right-
416
of-Way for State Road 82 thereof, AND LESS the Westerly
417
25 feet of that portion of said Section 18 lying
418
Northerly of said State Road 82, said 25 foot strip as
419
conveyed to Lee County for roadway purposes by deed
420
recorded in Official Record Book 147, Page 73 of the
421
said Public Records of Lee County.
422
SECTION 19: All of Section 19, LESS the 200 foot Right-
423
of-Way for State Road 82 thereof, AND LESS the following
424
described parcel, BEGINNING at the Northeast corner of
425
said Section 19; thence South 89°55'00"W along the North
426
line of said Section 19 a distance of 1327.50 feet to
427
the Northwest corner of the East 1/2 of the Northeast 1/4
428
of said Section 19; thence South 49°30'50"W a distance
429
of 465.93 ft to a point on the North right-of-way line
430
of State Road 82; thence Southeasterly with the North
431
right-of-way line of State Road 82 to a point on the
432
East line of said Section 19; thence North 00°34'00"W
433
along the East line of said Section 19 to the POINT OF
434
BEGINNING.
435
SECTION 20: All of Section 20, LESS the 200 foot Right-
436
of-Way for State Road 82 thereof, AND LESS the following
437
described parcel, BEGINNING at the Northwest corner of
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said Section 20; thence North 89° 15' 50" East along the
439
North line of said Section 20, a distance of 227.46
440
feet; thence South 00° 34' 00" East along a line
441
parallel with the West line of said Section 20, a
442
distance of 1516.82 feet to a point of intersection with
443
the Northerly Right-of-Way line of State Road 82; thence
444
North 49° 52' 20" West along the said Northerly Right-
445
of-Way line of State Road 82, a distance of 300.00 feet
446
to a point of intersection with the West line of said
447
Section 20; thence North 00° 34' 00" East along the said
448
West line of Section 20 to the POINT OF BEGINNING; AND
449
LESS the following described parcel, BEGINNING at the
450
intersection of the Southwesterly Right-of-Way line of
451
State Road 82 and the South line of said Section 20;
452
thence North 24° 51' 40" West along the said
453
Southwesterly Right-of-Way line of State Road 82, a
454
distance of 1000.00 feet; thence South 32° 24' 30" West,
455
a distance of 1081.39 feet to a point of intersection
456
with the said South line of Section 20; thence North 89°
457
40' 40" East along the said South line of Section 20, a
458
distance of 1000.00 feet to the POINT OF BEGINNING. Last
459
described parcel being recorded in Deed Book 306, Page
460
153 of the said Public Records of Lee County.
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SECTIONS 21-26: All of Sections 21, 22, 23, 24, 25 and
462
26.
463
SECTION 27: All of Section 27 lying NORTH of State Road
464
82.
465
SECTION 28: All of Section 28 lying North of State Road
466
82.
467
SECTION 29: All of Section 29 lying North of State Road
468
82.
469
SECTION 34: All of Section 34 lying North of State Road
470
82.
471
SECTION 35: All of Section 35 lying North of State Road
472
82.
473
SECTION 36: All of Section 36 LESS the 200 foot Right-
474
of-Way for State Road 82 thereof.
475
B.
476
TOWNSHIP 43 SOUTH, RANGE 28 EAST
477
SECTION 30: The following portions of Section 30:
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LANDS IN HENDRY COUNTY, FLORIDA
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The West 400.00 feet of the Southwest 1/4 less the right-
479
of-way for State Road 80, together with the parcel
480
commencing at the West 1/4 corner of Section 30; thence
481
along the West Section line North 01° 01' 11" West, a
482
distance of 164.01 feet to the North right-of-way line
483
of State Road 80 and the POINT OF BEGINNING; thence
484
continuing North 01° 01' 11" West, a distance of 1156.17
485
feet to the South Right-of-Way line for the
486
Caloosahatchee River (C-43 canal); thence along said
487
South Right-of-Way line North 78° 07' 28" East, a
488
distance of 162.92 feet; thence South 01° 01' 11" East,
489
a distance of 415.55 feet; thence South 45° 02' 36"
490
East, a distance of 345.35 feet; thence South 01° 01'
491
11" East, a distance of 520.42 feet to the North Right-
492
of-Way for State Road 80; thence along said right-of-way
493
South 88° 36' 43" West, a distance of 400.00 feet to the
494
POINT OF BEGINNING.
495
SECTION 31: The following portions of Section 31;
496
The Southeast 1/4 of the Northwest 1/4, together with the
497
East 1/2 of the Southwest 1/4, together with the South
498
185.00 feet of the North 1/2 of the Northwest 1/4 less the
499
West 1189.24 feet of the East 1439.25 feet of the South
500
25.00 feet thereof; together with the West 660.76 feet
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of the North 30.00 feet of the Southwest 1/4 of the
502
Northwest ¼; together with the West 400.00 feet of the
503
Northwest 1/4 of the Northwest 1/4.
504
TOWNSHIP 44 SOUTH, RANGE 28 EAST
505
SECTION 6: The West 1/2 of Section 6.
506
SECTION 7: The West 1/2 of Section 7.
507
SECTION 18: The West 1/2 of Section 18.
508
SECTION 19: The West 1/2 of Section 19.
509
SECTION 30: The West 1/2 of Section 30.
510
SECTION 31: The West 1/2 of Section 31.
511
ARTICLE III
512
POWERS OF THE DISTRICT
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Section 3.01. The district shall have all authority, powers, and
514
duties granted by this charter and by chapters 189 and 197,
515
Florida Statutes, as they may be amended subsequent to this act.
516
517
Section 3.02. The district shall have all authority, powers, and
518
duties to provide the following services:
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Drainage and water control as provided in section 3.04
of this Article III.
521
(2)
Recreational facilities.
522
(3)
Environmental conservation.
523
524
Section 3.03. Upon the completion and execution of an agreement
525
with the Board of Commissioners of Lee County for the district
526
to exercise the powers under this Section, including without
527
limitation the dissolution of the Lehigh Acres Streetlighting
528
Unit and the transfer of all equipment, facilities, leases,
529
contracts, and obligations of the Unit to the district, the
530
district shall have all authority, powers, and duties to provide
531
the following services:
532
(1)
Water and waste water services.
533
(2)
Local streets and sidewalks.
534
(3)
Streetlights.
535
(4)
Installation, maintenance, and control of outdoor
536
signage, monuments, and decorative and seasonal banners and
537
lights.
538
539
(5)
The District Board shall act as the planning advisory
panel for Lehigh Acres.
540
541
Section 3.04. The district shall have the authority to employ
542
staff to discharge its responsibilities, including but not
543
limited to staff necessary to exercise its authority and
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discharge its duties under section 3.04 of this article III.
545
Employees of the district shall serve at the pleasure of the
546
district board.
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547
548
Section 3.05. Drainage and water control. The following
549
provisions provide and limit the district’s power and authority
550
for drainage and water control:
551
(1)
In exercising its authority for drainage and water
552
control the district shall have the authority provided by, and
553
be subject to, sections 298.16, 298.19, 298.22, 298.225, 298.23,
554
298.24, 298.25, 298.26, 298.28, 298.301, 298.305, 298.329,
555
298.333, 298.341, 298.345, 298.353, 298.36, 298.365, 298.366,
556
298.401, 298.41(1), 298.465, 298.47, 298.48, 298.49, 298.50,
557
298.52, 298.54, 298.56, 298.59, 298.61, 298.62, 298.63, and
558
298.66, Florida Statutes, as may be subsequently amended.
559
(2)
The district shall have the power to employ a person
560
designated General Manager of the district and to vest such
561
authority in, delegate the performance of such duties to, and
562
provide such compensation for such person as may be determined
563
by the Board of Commissioners. The district may require the
564
General Manager to furnish bond with good and sufficient surety
565
in such amount as the Board may by resolution determine.
566
567
568
Section 3.06. Public improvements and community facilities.--The
District shall have, and the Board may exercise, subject to the
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regulatory jurisdiction and permitting authority of all
570
applicable governmental bodies, agencies, and special districts
571
having authority with respect to any area included therein, any
572
or all of the following special powers relating to public
573
improvements and community facilities authorized by this act:
(1)
Conservation, mitigation, and wildlife habitat.--The
575
power to finance, fund, plan, establish, acquire, construct or
576
reconstruct, enlarge or extend, equip, operate, and maintain
577
systems, facilities, and basic infrastructure for conservation
578
areas, mitigation areas, and wildlife habitat, including the
579
maintenance of any plant or animal species, and any related
580
interest in real or personal property.
581
(2)
Recreational, cultural, and educational.--After the
582
Board has obtained the consent of the local general purpose
583
government within the jurisdiction of which the specified power
584
is to be exercised, the power to plan, establish, acquire,
585
construct or reconstruct, enlarge or extend, equip, operate and
586
maintain additional systems and facilities for parks and
587
facilities for indoor and outdoor recreational, cultural, and
588
educational uses.
589
(3)
Navigational and boating facilities.--The power to
590
construct and maintain navigational and boating facilities in
591
its canals, including, but not limited to, locks and dams, to
592
widen and deepen its canals, to make them usable for navigation
593
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canals for navigation and boating, including, but not limited
595
to, the size of boats, their speed and hours of use.
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597
Section 3.07. The district’s planning requirements shall be as
598
set forth in this act and chapter 189, Florida Statutes, as may
599
be amended subsequent to this act.
600
ARTICLE IV
601
BOARD OF DISTRICT COMMISSIONERS
602
Section 4.01. The authority, power, business, and affairs of the
603
district shall be exercised and administered by a governing body
604
known as the “Board of District Commissioners of the Lehigh
605
Acres Municipal Services Improvement District.”
606
607
Section 4.02. Board of Commissioners; elections; candidate
608
qualifications; powers and duties.—The following provisions
609
shall control the Lehigh Acres Municipal Services Improvement
610
District:
611
(1)
On the effective date of this act, the members of the
612
former Board of Commissioners of the East County Water Control
613
District shall constitute the five member Board of District
614
Commissioners of the Lehigh Acres Municipal Services Improvement
615
District.
616
617
(2)
The procedures for conducting district elections or
referenda and for qualification of electors shall be pursuant to
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chapter 189, Florida Statutes, as may be amended subsequent to
619
this act.
(3)
Unless otherwise provided in s. 189.04, all elections
621
for district commissioners shall be held on the first Tuesday
622
after the first Monday in November of even-numbered years. All
623
District Commissioners shall be elected at large by nonpartisan
624
plurality vote with the candidate who receives the highest
625
number of votes for each seat winning the election. Only
626
registered voters residing within the District shall be
627
permitted to vote. The cost of any election shall be borne by
628
the District. The term of each commissioner shall begin 10 days
629
after that commissioner’s election.
630
(4) Qualifying for the position of District Commissioner
631
shall be coordinated by the supervisors of elections of the
632
counties within which the District is located. Methods of
633
qualifying shall be uniform pursuant to section 99.092, Florida
634
Statutes. Candidates shall be required to open depositories and
635
appoint treasurers prior to accepting any contributions or
636
expending any funds.
637
638
639
(5) Vacancies on the Board shall be filled pursuant to s.
189.04(3)(b).
(6) The members of the Board shall be reimbursed for their
640
expenses pursuant to section 112.061, Florida Statutes, and paid
641
a salary of $250 per calendar month during term of office as
642
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620
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established herein. The Board may remove any member who has
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643
three consecutive, unexcused absences from regularly scheduled
644
meetings. In addition, commissioners shall not be paid for any
645
unexcused absences from regularly scheduled meetings. The Board
646
shall adopt policies by resolution defining excused and
647
unexcused absences.
648
(7) Within 60 days of the general election the Board of
649
District Commissioners shall meet and elect a Chair, Vice-Chair,
650
Secretary, and Treasurer, whose duties shall be established by
651
Resolution of the Board.
652
653
Section 4.03. The Board shall have those administrative duties
654
set forth in this charter and chapter 189, Florida Statutes.
655
656
Section 4.04. A quorum of the Board shall be a majority of its
657
members. Official action will require a majority of those voting
658
members present.
659
660
Section 4.05. Requirements for financial disclosure, meeting
661
notices, reporting, public records maintenance, and per diem
662
expenses for officers and employees shall be as set forth in
663
chapters 112, 119, 189, and 286, Florida Statutes, as may be
664
amended subsequent to this act.
665
ARTICLE V
666
FINANCES
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Section 5.01. The powers, functions, and duties of the district
668
regarding bond issuance, other revenue-raising capabilities,
669
budget preparation and approval, liens and foreclosure of liens,
670
use of tax deeds and tax certificates as appropriate for non-ad
671
valorem assessments, and contractual agreements, and the methods
672
for financing the district and for collecting non-ad valorem
673
assessments, fees, or service charges, shall be as set forth in
674
this charter, in chapters 170, 189, and 197, Florida Statutes,
675
and in any applicable general or special law.
676
677
Section 5.02. The district shall have no power or authority to
678
impose or collect ad valorem taxes.
679
680
Section 5.03. Installment assessments and the collection
681
thereof.--Annual installment assessments, which are levied
682
pursuant to section 298.36, Florida Statutes, shall become due
683
and be collected during each year at the same time that county
684
taxes are due and collected, pursuant to section 298.36, Florida
685
Statutes, chapter 197, Florida Statutes, and this charter. Said
686
assessments shall be a lien until paid on the property against
687
which assessed, and enforceable in like manner as county taxes.
688
689
Section 5.04.
690
as provided for under section 298.54, Florida Statutes, shall be
691
Maintenance assessments.--Maintenance assessments
apportioned upon the basis of the net assessments of benefits
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assessed as accruing from original construction, and shall be
693
due and collected pursuant to section 298.54, Florida Statutes,
694
chapter 197, Florida Statutes, and this charter. Said
695
assessments shall be a lien until paid on the property against
696
which assessed and enforceable in like manner as county taxes.
697
698
Section 5.05. The methods for assessing and collecting non-ad
699
valorem assessments, fees, or service charges shall be as set
700
forth in this charter and chapter 170, chapter 189, chapter 197,
701
or chapter 298, Florida Statutes, as may be amended subsequent
702
to this act.
703
704
Section 5.06.
Bonds issuable for 40 years.--Notwithstanding the
705
provisions of section 298.47, Florida Statutes, the Board of
706
District Commissioners may issue bonds maturing at annual
707
intervals within 40 years.
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Section 5.07. Assessment records.--Notwithstanding the
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provisions of section 298.36(2), Florida Statutes, the Secretary
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of the Board of District Commissioners, as soon as said total
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assessment is levied, shall, at the expense of the District,
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prepare a list of all assessments levied, said list to be stored
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in electronic format.
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Section 5.08. The Board of District Commissioners annually shall
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prepare, consider, and adopt a district budget pursuant to the
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applicable requirements of this charter and chapter 189, Florida
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Statutes. The fiscal year shall be from
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through
.
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Section 5.09. All warrants for the payment of labor, equipment,
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materials, and other allowable expenses incurred by the Board of
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District Commissioners in carrying out the provisions of this
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charter shall be payable on accounts and vouchers approved by
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the Board.
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Section 5.10. Impact fees.—
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(1) The district shall have the authority to charge and
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collect impact fees for capital improvements on new construction
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within the district as prescribed in this charter, chapter 189,
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Florida Statutes, or any other applicable general law.
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(2) The district shall comply with the requirements in s.
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163.31801 and chapter 189, Florida Statutes, in its collection
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and use of impact fees. New facilities and equipment shall be as
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provided for in chapter 189, Florida Statutes.
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(3) The district is authorized to enter into agreements
regarding the collection of impact fees.
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Section 6.
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The East County Water Control District is
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Section 7.
As of the effective date of this act, all
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property, (real, personal, or mixed) owned, possessed, or
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controlled by the East County Water Control District, and all
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other assets, contracts, obligations, and liabilities of the
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East County Water Control District are hereby transferred and
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vested in the Lehigh Acres Municipal Services Improvement
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District. All contracts and obligations of the East County Water
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Control District existing on the effective date of this act
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shall remain in full force and effect, and this act shall in no
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way affect the validity of such contracts or obligations.
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Section 8.
Notwithstanding the provisions of general or
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other special law, the annexation by any municipality of any of
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the lands within the district as described in s. 4 of this act
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is prohibited. This prohibition of annexation shall not prevent
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any subsequent chartering of a municipal incorporation comprised
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of the entirety of the area occupied by the district.
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Section 9.
Liberal construction.—The provisions of this
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act shall be liberally construed in order to effectively carry
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out the purposes of this act in the interest of the public
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health, welfare, and safety of the citizens served by the
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district.
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Section 10.
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Severability.—It is declared to be the intent
of the Legislature that if any section, subsection, sentence,
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clause, phrase, or portion of this act is for any reason held
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invalid or unconstitutional by a court of competent
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jurisdiction, such portion shall be deemed a separate, distinct,
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and independent provision, and such holding shall not affect the
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validity of the remaining portions hereof.
Section 11.
Conflict.—In the event of a conflict of any
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provision of this act with the provisions of any other act, the
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provisions of this act shall control to the extent of such
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conflict.
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Section 12.
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law.
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