Title: Establishment of Navigational and Water Conservation
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STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00050871/00001
 Material Information
Title: Establishment of Navigational and Water Conservation
Alternate Title: Chap. 28325 Laws of Fla. 1953, Senate Bill 1079. Establishment of Navigational and Water Conservation for Lake Apopka and waters in Orange and Lake Counties. Creating LAKE APOPKA RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY.
Physical Description: 7p.
Language: English
Publication Date: June 15, 1953
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 51
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050871
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


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JLAWS OF FLORIDA CHAPTER 28325


ess and lar or individual council, mentioned in Section 3 of this Act, [
nixed, are hereby revoked, abrogated, annulled and repealed, and the
rs shall provisions of this Act shall stand in lieu thereof; provided, that
et their all property, real, personal or mixed, then belonging to any body
vn con- corporate hereby dissolved, shall become the property of its suc-
ct w'th cessor hereby created, and any and all obligations and liabilities
oy such of such body corporate shall become obligations and liabilities of
said successor.

>w held Section 8. All laws and parts of laws in conflict herewith are
of this hereby repealed.
result-
Grp~ Section 9. This Act shall take effect upon its becoming a law.
>y su. Became a law without the Governor's approval.
hich it
Filed in Office Secretary of State June 15, 1953.

w held
council CHAPTER 28325
y deed
sulting, SENATE BILL NO. 1079
)articu- AN ACT providing for the establishment of Navigational and
ctly to Water Conservation and Control Practices, Measures and Fa-
to au cilities in and for Lake Apopka and certain of its connecting
waters in Orange and Lake Counties; declaring the same to be
a public purpose and a County purpose of Orange County;
articu- authorizing the Board of County Commissioners of Orange
's Act, County to establish a fund and levy a tax on all taxable prop-
Grand erty in Orange County to provide for the same; creating Lake
dinate, Apopka Recreation and Water Conservation and Control Au-
"porate thority to accomplish the purposes of the Act; defining the area
legal of works, powers, authority, privileges and immunities of said
stence, Authority; granting to said Authority the power of eminent
to and domain, to construct works, to borrow money temporarily, to
it m;*^ make and collect charges for the use of its works, to exercise
Ilar < controls, and to make and enforce rules and regulations necessary


Be It Enacted by the Legislature of the State of Florida:
' Gen- Section 1. It is hereby found and declared (1) That Lake
of the Apopka, lying mainly in Orange County, is a natural resource of
articu- inestimable present and potential value to Orange County and
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CHAPTER 28325 LAWS MO
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the State of Florida as a tourist attraction, recreation area, water
resource, means of entry to and from the Oklawaha River and its :
connecting waters, and means of control of both ground and sur- ..
face waters of agricultural areas vital to the economy of Orange
County; (2) That the present values of this natural resource
are in danger of being dissipated and destroyed, and potential values
are not being developed all as a result of insufficient and often --
improper navigational and water conservation control, practices, '^
measures and facilities; (3) That the establishing of navigational :H
and water conservation and control practices, measures and fa- .. l
cilities for said Lake will improve and preserve said Lake as a
tourist attraction, recreation area, water resource, water control., S
facility and navigation facility; (4) That the establishment of
.' ~ these practices, measures and facilities are exclusively public .,
; ~ purposes for which public moneys may be spent and private prop-
erty acquired, and are governmental functions of public concern. ^..
:1 ~ Section 2. The purpose of this Act is to accomplish the public ..
purposes set forth.
fi ^l Section 3. Wherever used in this Act the following terms shall.. l
have the following respective meanings unless a different mean- 1H
ing clearly appears from the context:
(1) "Authority" shall mean the public body, politic and cor-


(2) "Board" shall mean the Board of County Commissioners of '"'"' H^

(3) "Committeemen" shall mean the committeemen of the --: H
Authority ..... --.'::"


(4) "Fund" shall mean the fund authorized to be created under ",...- __H
(5) "Area of works" shall mean the area within the waters ....
of Lake Apopka in Orange and Lake Counties and the canal in :
Lake County connecting Lake Apopka and Lake Beauclaire and
the land lying within one-half mile of the center line of the canal


tablish and maintain a separate and district fund to be known
-- ~ ~ ~ ~ ~ ~ m a u e "',n.d '-a .ili .. -i -Z '- -). ". t .. --. ',,'. n" '". !",' -' '.-
-' ;!i,.' i-.: ,:.::::i:..: ...... .:.e 'os rv to ..-- .....o .r c ic s ....re an- .:- .: :: ..:" ].,!::: .,
1 ' : .t. .i e . .o.- : .s.,. . t ,. ." "' . "-- -- r , : .' ',_ , - ., -,I .. ,, ; ,. :; ", ~ "- .
. -, 'o r s .,. ,:.'' ". -I. '-,-. - ,...,,,,, .. ,- --r a t o a r .. .,..r ,...,..s,: .. ..,... , ..e .. ,,
,'. ~ ~ ~ ~ ~ a ilt ... .'- ... ...... : - ,' ,:... ..."--.. . --'i ...... "ha .... esa ls m n .. .-..- "
, ,." ,.7. ," ': %."'--. "- "" ,rc i e, ..su e ".':"" .,:".:."s a r "x l s v l ";,,,.u- ", "-.-:' : -.i,, .,
_~ ~ ~ ~upoe fo :',c .uli 'oey ma. be spen --'. -'-.'-e pr -o..-".m .-":.-I'..,,,p. .
,.r ,.. ~ert ,.. .-- .-., o''..: ...."."" ",. an- ....'= go er mea ".-,!:,.-...: '-o,W ":' - '.4 .....
-~ ~ ~ ~ ~ ~ ~e to .:....e,.= .-;. .:. ... h pur os .f ..i -c .s to ..-,p is .... .... ........ ,.:- .,..







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LAWS OF FLORIDA CHAPTER 28325
ke, r and designated as "Lake Apopka Recreation, Water Conservation
S, its and Control Fund" to be used to effectuate the purposes and
...,,. ur- provisions of this Act. Such uses and purposes are declared to be
nge county purposes of Orange County. To provide for the Fund, the
.,. urc- Board is empowered and authorized to levy annually, commencing
.,..; /,,-es with the year 1953, upon all the property subject to taxation in
- ,:,icn Orange County a tax not exceeding % of a mill upon the assessed
e,-i::-cs, value, which tax shall be in addition to any levy authorized, or
.. ,'nal which may hereafter be authorized by law. The assessment, levy
, ', fa- and collection of said tax shall be made in the same manner and
a at the same time as provided by law for the assessment, levy and
., ,,-,,trol collection of other taxes of Orange County. Commencing with
...-,-t of the year 1958 such tax shall not exceed one-tenth of one mill.
*^ ,blic The Board may expend the moneys from the Fund directly or
... t. op- indirectly, and is specifically authorized to make the moneys
--, m. available to the Authority, to be used by the Authority solely for

,.-. the purposes and provisions of this Act, subject to such supervi-
ic sion, accounting and regulation as the Board may impose.

dall Section 5. There is created in Orange County a public body
V Aepolitic and corporate to be known as "Lake Apopka Recreation,
A- Water Conservation and Control Authority", the power of which
shall be vested in five committeemen. The county commissioners
^ cor- of the respective commissioners' districts of Orange County, in
office from time to time shall serve as the committeemen. The
Authority shall elect a chairman and vice chairman from among
es of its committeemen. The committeemen shall serve without com-
pensation but all necessary expenses shall be paid. The Authority
wh the may adopt, amend and repeal bylaws governing the manner i
which its business shall be conducted and in which its powers are
exercised, including provisions for such subcommittees of com-
ir mitteemen as it may deem necessary to carry on the business of
the Authority. The Authority shall have power: to sue and be
trs sued; to have a seal and alter the same at pleasure; to make and
S l id execute contracts and other instruments convenient to the exer-
.... avd cise of its powers; to give bonds or assurances conditioned as its
S-Atal business may require, with or without public or private sureties;
of eminent domain; to own, hold and improve real or personal
property; to purchase, lease, obtain options upon, acquire by gift,
,p grant, bequest, devise, or otherwise any real or personal prop-
n erty or any interest therein; to sell, lease, exchange, transfer,
shall be.- vested ...... 'em t eT c y m
~ t" i, ......- ...-= -- ;- '--:-"' 5 ; :' : -i
"- ' -..;-.-...-rr. -."- ... . .,. ,, "': , ..'' . : ,- : ?'.. ...:::,.:.. .. '

;...~ I.:::':.. ......-::,. ..,::.--. .,: .. ,.. o
:: ",.i /'!;:.. : ;: .: ::i:;;.::::.:..;;:: .. "- .,:.::h

" : .; :: -.:': ,:,o,.. :..::'::-.: :. , "; .: :7",.'' "' ". ." :,-':.. '
AIV ._FOIACATR 2 3 5 ~~.,! "~~ ~;I7~~~
;r ~ n eintda Lk ppaRcetoWtrCnevto
':: ~ ~ an ?i:-': Fund" .:: .e ..... .o .fetut .,: pu ..:--.;,..,- .
.r v s i n .Q:.--,.: ,:.".-,s-, ..'.'-.. -.. .... :.-. .,
,t --"'n-.. co.-: pu po e .". O r ng .....y :: proi- .. .... ;h .. ........ -,,
Bor s moerdadauhrze oleya..ly omecn
with ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ..e ..r15,uo lltepoet ujett aain
. : ? :,- ,,, .;t ...-n .:n g ,,..,y. ... ....., ., ,,.,,:.:.,: .... ,. ,.:. m i.,,_ .p o .h as e-.d
..--. !:G(:s :"::_, wh.' .:x sh l , ddto o a y le y a to .'.:-
..ic m.. ... ..e -e aut.:ze ,... ..w _h -..-sm t .- _. ..,
,f: :.. ..=. .....tio o.,.:'. -"i ,,:=..: shal .. .,d =-::. th .-ane
.~~~~~~;-' t-,,f:::: .... th ..... s rvddbylwfrth sesenlv
,o B'.;,rO _.--cio :f ot.-..her': -a e -.<. .-.-,:.;. Couy ,,:n in with. : ... ..
... .. ., "", ,,. .' :;... : '""a' 1 ; ".s:.Z. Zt '" -; -/, -.,_ .. .. .._-,$..,, ,, .... ... .
,,:T h ..... ,a .. ..n .,. -: .. .... ... _,.. .,:.,: , ,.-_
:-:-:. .,' ini.-ty .... is': 'cfial auhrie t"o, "ak ....... m": n eys
r'.,', .,'" : :. ,-',::' to t Auh riy "o b use ,;: th .',"rit so,:." f o _:,
th: ...ose an prvsin of .:s -.. ....t {.: su. .
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CHAPTER 28325 LAWS OF FLORIDA

assign, pledge or dispose of any real or personal property or any
interest therein; to insure or provide for the insurance of any
real or personal property or operations of the Authority against
any risks or hazards.
Section 6. The Authority is empowered and authorized to con-
demn and acquire by the exercise of the power of eminent domain
any real or personal property or any interest therein within the
area of works in the manner provided by Chapters 73 and 74 of
Florida Statutes after adopting a resolution declaring that the
acquisition is necessary for its purposes under this Act, and prop-
erty already devoted to a public use may be acquired in like
manner, provided that no property of any city, county, or the
State or any agency, instrumentality, or political subdivision
thereof may be acquired without its consent; provided, however,
that in the event property lying within the boundaries of Lake
County and within the area of works is required for the construc-
tion of works authorized under Section 7 hereof, the Authority
is hereby empowered: (1) To acquire such property by purchase,
lease or gift from the Oklawaha Basin Recreation and Water Con- -
servation and Control Authority in Lake County upon such terms
and conditions as are mutually agreeable to the Authority and to
the Oklawaha Basin Recreation and Water Conservation and Con-
trol Authority in Lake County, or (2) With the consent of the
Oklawaha Basin Recreation and Water Conservation and Control
Authority in Lake County bring condemnation proceedings to ac-
quire said property.

Section 7. Within the area of works the Authority is empow- .
ered and authorized, to clean out, straighten, widen, deepen, nar-
row, fill, close, open, construct and maintain natural and artifi-
cial waterways and channels; to acquire, provide, maintain, and '
operate such canals, levees, dikes, dams, locks, sluice-ways, reser-
voirs, holding basins, floodways, pumping stations, bridges, roads,
docks, landings and other works and facilities as it deems neces-
sary; to cross any highway or railway with its works; to hold and '
^^^^^^^^ have full control over said works, provided, however that in no
event shall any works be commenced, erected, operated or con-
', trolled in Lake County or any action taken by the authority un-
! der this Section affecting the area works in Lake County without
; the consent or authorization of the Oklawaha Basin Recreation .
and Water Conservation and Control Authority in Lake County. -

















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LAWS OF FLORIDA CHAPTER 28325 H .:U
ny Section 8. The Authority is authorized and empowered to i.- .:";U.
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ny borrow money, from time to time, for a period not to exceed one ".,.-
-lst year at any one time, not including renewals thereof; to issue .'-^^
its promissory notes therefore upon such terms and at such rates
of interest as it may deem advisable, payable from any moneys
"' available or to become available to it, and the increment thereof.
,n Such notes may be used in payment of amounts due, or to become
Sd due, upon contracts made by the Authority.
Section 9. If any warrant issued by the Authority or by Orange
; County for the Authority, is not paid when presented because of
e lack of money, that fact shall be endorsed on the back of the war-
the rant and the warrant shall draw interest thereafter, at a rate not
on exceeding six per cent per annum, until there is money on hand
ivr, to pay the warrant with interest. No interest shall accrue on en-
ake dorsed warrants after notice to the holders that there is money on
ruc- hand to pay it with interest.

',e Section 10. The Authority may make, from time to time, such
%on- reasonable charges for the use of its works as it may determine,
Ims the proceeds of which shall be general resources for the Authority.
! to Section 11. There is vested in the Authority jointly with Okla-
Sn- waha Basin Recreation and Water Conservation and Control Au-
the thority in L~ke County power to control the waters, use of the
rol waters and any water conservation control and navigation works
.,c- \ now or hereafter within the area of works in Lake County, sub-
;ject to control of the State and the United States of America and
the agencies and instrumentalities of each, provided, however, that
,. the powers to be exercised by the Authority and Oklahwaha
{.- Basin Recreation and Water Conservation and Control Authority
ad '" in Lake County jointly as to the area of works in Lake County
shall not be used and exercised until the Authority and Oklawaha
I, Basin Recreation and Water Conservation and Control Authority
,^s- iin Lake County have reached a mutually satisfactory agreement
nd as to the terms and conditions and extent of the use of such powers.
?There is vested in the Authority power to control the waters, use
of the waters, and any water conservation, control and navigation
Works now or hereafter within the area of works in Orange County
',ut subject only to the control of the State and the United States of
o America and the agencies and instrumentalities of each. |^ .. .-::
,ty. Section 12. The Authority is authorized and empowered to '-*'.' ^. fS^-

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CHAPTER 28325 LAWS OF FLORIDA .

contract with, obtain permits from, have its projects sponsored by,
accept contributions, loans or aid from, sponsor the projects of,
contribute, lend or give aid to, and cooperate with the State or the .
United States of America, or any agency, instrumentality, district, .
municipality or political subdivision of either, and when required,
give such bonds or assurances, with such sureties as may be re-
quired.

Section 13. The Authority is authorized and empowered to em-
ploy such officers, agents, employees, consultants, technical experts
and attorneyasas it may require; determine their qualifications,
duties and compensation; require bonds of any of them; and dele-
gate to any of them such powers or duties as it may deem proper.
Section 14. No construction, w oks or control of the Authority
shall be commenced, continued or exercised without the permission
of the War Department of the United States of America, where
required by the Congress of the United States of America.
Section 15. No committeeman or employee of the Authority
shall acquire any interest, direct or indirect, in any works or prop-
erty included or planned to be included in the projects of the Au-
thority, nor have any interest, direct or indirect, in any contract or
proposed contract for services or materials to be furnished to or
used by the Authority. If any committeeman or employee owns
or controls an interest, direct or indirect, in any works or prop-
erty included or planned to be included in the projects of the Au-
thority, he shall immediately disclose the same and cause the dis-
^^^ *closure to be entered upon the minutes of the Authority.
B^ Section 16. Any of the agencies, instrumentalities, districts, ..
g municipalities and political subdivisions of this State may, with or
^ without compensation, convey, grant, or give permission to use and
^^SS^ occupy any waters, land or personal property or any interest
S i therein under their control to the Authority.
f ,! Section 17. The property of the Authority, and any property
Jim : leased from others by the Authority for a consideration of less
than Ten Dollars per year, shall be exempt from all taxation and
taxes.
Section 18. No judgment, decree, or process issued or ren-
i dered against the Authority shall be a lien upon or enforcible
from or against any real or personal property.
20









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A LAWS OF FLORIDAF CHAPTER 28326 : -



I Section 19. The Authority is empowered to make and enforce .:i,'::i
f reasonable rules and regulations necessary to effectuate the pro-
e \ visions and purposes of this Act and prescribe penalties for the

Section 20. All of the provisions, powers, privileges, immunities
and prohibitions contained in, given, created and made by this
Act shall be liberally construed to give effect to the purpose of
. this Act.

ts ;Section 21. If any section or part of this Act is held to be in-
,s, p valid or unconstitutional by any Court of competent jurisdiction,
e- the same shall not be held to invalidate or impair the validity,
r. force or effect of any other section or part of this Act.

ty Section 22. Notices for the passage of this Act have been pub-
)n lished as required by Section 21 of Article III of the Constitution
re of Florida, and affidavit of proof of such publication, together with
a true copy of the notices, was duly attached to this Act when the
ty bill therefore was introduced in the Legislature and accompanied
*p- said bill throughout the Legislature, and the Legislature hereby
u- declares that the notices and affidavit are sufficient in form and
or in substance and that Section 21 of Article III of the Constitution

Section 23. All laws or parts of laws in conflict herewith are
4p-
hereby repealed, to the extent of such conflict.
u-




































is- Section 24. This Act shall take effect upon becoming a law.

Became a law without the Governor's approval.
or Filed in Office Secretary of State June 15, 1953.





ed AN ACT to Incorporate the Most Excellent Grand Chapter of
Royal Arch Masons of Florida, and All Subordinate or Par-
ticular Chapters Chartered Thereby.

Anc Be It Enacted by the Legislature of the State of Florida:
Section 1. That the Grand High Priest, Grand King and Grand
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.i,'lh a reurd Section 21 Ai I of the Con stit.. u "m 1tion :'""
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:':-.3::::: ;' true -op .. .. th no ic s .a dul .tac e to thi :! -:: ..... : :. ',
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