House Bill 0479
House Bill hb0479er
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1
2 An act relating to the Rainbow Lakes Estates
3 Municipal Service District, an independent
4 special district of the State of Florida in
5 Marion and Levy Counties; codifying the
6 district's charter, chapter 69-1298, Laws of
7 Florida, as amended, pursuant to section
8 189.429, Florida Statutes; providing
9 legislative intent; amending, codifying, and
10 reenacting all special acts relating to the
11 Rainbow Lakes Estates Municipal Service
12 District as a single act; repealing all prior
13 special acts related to the Rainbow Lakes
14 Estates Municipal Service District; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Pursuant to section 189.429, Florida
20 Statutes, this act constitutes the codification of all special
21 acts relating to the Rainbow Lakes Estates Municipal Service
22 District. It is the intent of the Legislature in enacting this
23 law to provide a single comprehensive special act charter for
24 the district, including all current legislative authority
25 granted to the district by its several legislative enactments
26 and any additional authority granted by this act. It is
27 further the intent of this act to preserve all district
28 authority.
29 Section 2. Chapters 69-1298 and 97-375, Laws of
30 Florida, are codified, reenacted, amended, and repealed as
31 herein provided.
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1 Section 3. The charter for the Rainbow Lakes Estates
2 Municipal Service District is re-created and reenacted to
3 read:
4 Section 1. Creation and boundaries.--The creation of
5 the Rainbow Lakes Estates Municipal Service District as an
6 independent special district pursuant to chapter 69-1298, Laws
7 of Florida, as amended, is ratified and confirmed and the
8 lands lying within the area described as follows in Marion and
9 Levy Counties, State of Florida, shall hereby constitute the
10 Rainbow Lakes Estates Municipal Service District:
11 All those certain lands lying and being situate in the
12 Counties of Marion and Levy, State of Florida, lying in
13 Sections 13, 14, 23 and 24, Township 15 South, Range 17 East,
14 in Sections 6, 7, 8, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28,
15 29, 30, 31, 32, 33, 34, 35 and 36, Township 15 South, Range 18
16 East and Sections 5 and 6, Township 16 South, Range 18 East
17 and being more fully and particularly described as follows:
18
19 BEGINNING at the Northwest corner of Section 6,
20 Township 15 South, Range 18 East and run thence
21 along and with the North boundary of said
22 Section 6, N89°24'38"E a distance of 2556.10
23 feet to the North 1/4 corner of said Section 6;
24 thence along and with the East boundary of the
25 West half of said Section 6, S00°11'57"E a
26 distance of 530.09 feet to the South 1/4
27 section corner of said Section 6; thence along
28 and with the East boundary of the West half of
29 Section 7, Township 15 South, Range 18 East,
30 S00°11'51"W a distance of 2647.61 feet to the
31 Southwest corner of the NE 1/4 of said Section
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1 7; thence along and with the North boundary of
2 Section 7, N89°21'59"E a distance of 2591.91
3 feet to the Northeast corner of SE 1/4 of
4 Section 7; thence along and with the North
5 boundary of the SW 1/4 of Section 8, Township
6 15 South, Range 18 East, S89°55'14"E a distance
7 of 2639.33 feet to the Northeast corner of the
8 SW 1/4 of said Section 8; thence along and with
9 the East boundary of said SW 1/4; S00°10'51"W a
10 distance of 2643.28 feet to the South 1/4
11 section corner of said Section 8; thence along
12 and with the South boundary of said Section 8,
13 S89°52'09"E a distance of 2658.52 feet to the
14 Southeast corner of said Section 8; thence
15 along and with the East boundary of Section 17,
16 Township 15 South, Range 18 East, S00°00'15"W a
17 distance of 5280.36 feet to the Southeast
18 corner of said Section 17; thence along and
19 with the North boundary of Section 21, Township
20 15 South, Range 18 East, S89°48'37"E a distance
21 of 2689.11 feet to the Northeast corner of the
22 NW 1/4 of said Section 21; thence along and
23 with the East boundary of said NW 1/4,
24 S00°21'50"W a distance of 2595.69 feet to the
25 Southeast corner of said NW 1/4; thence along
26 and with the North Boundary of the SE 1/4 of
27 said Section 21, S89°50'46"E a distance of
28 2651.46 feet to the West 1/4 Section corner of
29 Section 22, Township 15 South, Range 18 East;
30 thence along and with the West Boundary of said
31 Section 22, N00°08'20"E a distance of 2599.69
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1 feet to the Northwest corner of said Section
2 22; thence along and with the North boundary of
3 the NW 1/4 of said Section 22, N89°52'38"E a
4 distance of 1328.60 feet to the Northeast
5 corner of the West 1/2 of said NW 1/4; thence
6 along and with the East boundary of said West
7 1/2 of the NW 1/4, S00°12'32"W a distance of
8 2606.04 feet to the Southeast corner of said
9 West 1/2 of the NW 1/4; thence along and with
10 the North boundary of the SW 1/4 of said
11 Section 22, S89°50'56"E a distance of 1325.37
12 feet to the Northeast corner of said SW 1/4;
13 thence along and with the East boundary of said
14 SW 1/4 S00°16'45"W a distance of 2647.64 feet
15 to the South 1/4 Section corner of said Section
16 22; thence along and with the South boundary of
17 said Section 22, N88°48'37"W a distance of
18 1322.36 feet to the Northeast corner of the
19 West 1/4 of Section 27, Township 15 South,
20 Range 18 East; thence along and with the East
21 boundary of the West 1/4 of said Section 27,
22 S00°07'07"W a distance of 3970.74 feet, thence
23 S89°39'48"E 3983.94 feet to the Northeast
24 corner of the South 1/4 of said Section 27;
25 thence along and with the North boundary of the
26 South half of the SW 1/4 of Section 26,
27 Township 15 South, Range 18 East, S89°58'12"E a
28 distance of 2645.64 feet to the Northeast
29 corner of said South half of SW 1/4; thence
30 along and with the East boundary of said South
31 half of the SW 1/4, S00°10'28"E 1321.12 feet to
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1 the North 1/4 section corner of Section 35,
2 Township 15 South, Range 18 East; thence along
3 and with the North boundary of said Section 35,
4 S89°36'30"E a distance of 2628.61 feet to the
5 Northeast corner of said Section 35; thence
6 along and with the West boundary of the South
7 half of the SW 1/4 of Section 25, Township 15
8 South, Range 18 East, N00°01'20"W a distance of
9 1329.32 feet to the Northwest corner of the
10 South half of the SW 1/4 of said Section 25;
11 thence along and with the North boundary of
12 said South half of the SW 1/4, N89°50'57"E a
13 distance of 2660.96 feet to the Northeast
14 corner of the South half of the SW 1/4 of said
15 Section 25; thence along and with the East
16 boundary of said South half of the SW 1/4,
17 S00°19'30"W a distance of 1336.36 feet to the
18 South 1/4 section corner of said Section 35;
19 thence S00°32'00"E a distance of 360.91 feet;
20 thence S89°59'00"E a distance of 558.83 feet to
21 a point on the West right of way line of
22 Florida State Road No. 45 (U.S. Highway No.
23 41); thence along and with said right of way
24 line, S09°17'00"W a distance of 926.57 feet;
25 thence departing from said right of way line,
26 S89°58'00"W a distance of 400.85 feet to the
27 Southeast corner of the North half of the NW
28 1/4 of Section 36, Township 15 South, Range 18
29 East; thence along and with the South boundary
30 of said North half of the NW 1/4, S89°50'42"W a
31 distance of 2661.90 feet to the Southwest
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1 corner of said North half of NW 1/4 of Section
2 36; thence along the East boundary of Section
3 35, Township 15 South, Range 18 East,
4 S00°08'00"E a distance of 1302.61 feet to the
5 East quarter section corner of said Section 35;
6 thence along and with the East-West 1/4 section
7 line of said Section 35, S89°47'40"W a distance
8 of 5280.35 feet to the West 1/4 section corner
9 of said Section 35; thence along and with the
10 East boundary of Section 34, Township 15 South,
11 Range 18 East, S00°03'00"E a distance of
12 3134.16 feet to the Southeast corner of said
13 Section 34; thence along and with the South
14 boundary of said Section 34, N89°02'07"W a
15 distance of 2650.44 feet to the South 1/4
16 section corner of said Section 34; thence
17 N89°01'48"W a distance of 2649.32 feet to the
18 Southwest corner of said Section 34; thence
19 along and with the South boundary of Section
20 33; Township 15 South, Range 18 East,
21 N89°26'31"W a distance of 2657.52 feet to the
22 South 1/4 section corner of said Section 33;
23 thence along and with said South boundary,
24 N89°24'58"W a distance of 2658.28 feet to the
25 Southwest corner of said Section 33; thence
26 along and with the South boundary of Section
27 32, Township 15 South, Range 18 East,
28 N89°45'12"W a distance of 2650.30 feet to the
29 South 1/4 section corner of said Section 32;
30 thence continuing along said South boundary,
31 N89°44'44"W a distance of 2343.81 feet to a
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1 point in said South boundary; thence departing
2 from said South boundary and entering Section
3 5, Township 16 South, Range 18 East run due
4 South a distance of 455.00 feet; thence
5 N89°44'44"W a distance of 306.89 feet to a
6 point in the East boundary of Section 6,
7 Township 16 South, Range 18 East; thence
8 entering said Section 6 run S89°44'07"W a
9 distance of 760.11 feet; thence due North a
10 distance of 455.00 feet to a point in the South
11 boundary of Section 31, Township 15 South,
12 Range 18 East; thence along the South boundary
13 of said Section 31, S89°44'07"W, a distance of
14 1885.56 feet to the South 1/4 section corner of
15 said Section 31; thence along and with the West
16 boundary of the East half of said Section 31,
17 N00°17'06"W a distance of 5611.32 feet to the
18 North 1/4 section corner of said Section 31;
19 thence along and with the West boundary of the
20 SW 1/4 of the SE 1/4 of Section 30, Township 15
21 South, Range 18 East, N00°58'34"E a distance of
22 1298.40 feet to the Northwest corner of said SW
23 1/4 of the SE 1/4; thence along and with the
24 North boundary of said SW 1/4 of SE 1/4,
25 N89°31'42"E a distance of 1304.26 feet to the
26 Northeast corner of said SW 1/4 of SE 1/4;
27 thence along and with the West boundary of the
28 East 1/4 of said Section 30, N00°32'15"E a
29 distance of 2618.29 feet to the Southeast
30 corner of the NW 1/4 of NE 1/4 of said Section
31 30; thence along and with the South boundary of
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1 the NW 1/4 of said Section 30; thence along the
2 South boundary of the NE 1/4 of NW 1/4 of said
3 Section 30, S88°25'58"W a distance of 1284.91
4 feet to the Southeast corner of the NE 1/4 of
5 NW 1/4 of said Section 30; thence along the
6 South boundary of the NE 1/4 of NW 1/4 of said
7 Section 30, S89°39'23"W a distance of 1324.84
8 feet to the Northeast corner of the SW 1/4 of
9 the NW 1/4 of said Section 30; thence along and
10 with the East boundary of the SW 1/4 of the NW
11 1/4, S00°48'47"W a distance of 1310.37 feet to
12 the Southeast corner of said SW 1/4 of NW 1/4;
13 thence along and with the South boundary of
14 said SW 1/4 of NW 1/4, S89°01'07"W a distance
15 of 1321.41 feet to the West 1/4 section corner
16 of said Section 30; thence along and with the
17 West boundary of said Section 30, N00°39'00"E a
18 distance of 2650.09 feet to the Northwest
19 corner of said Section 30; thence along and
20 with the West boundary of Section 19, Township
21 15 South, Range 18 East, N00°16'24"E a distance
22 of 1324.20 feet to the Southeast corner of the
23 NE 1/4 of the SE 1/4 of Section 24, Township 15
24 South, Range 17 East; thence along and with the
25 South boundary of the North 3/4 of Section 24,
26 Township 15 South, Range 17 East, N89°46'40"W a
27 distance of 5322.30 feet to the Southwest
28 corner of said North 3/4; thence along and with
29 the West boundary of said Section 24,
30 N00°00'56"W a distance of 1326.27 feet to the
31 East 1/4 section corner of Section 23, Township
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1 15 South, Range 17 East; thence along and with
2 the South boundary of North 1/2 of said Section
3 23, S89°09'25"W a distance of 2636.62 feet to a
4 point in the East right of way line of a Levy
5 County road; thence along and with said right
6 of way line, N37°12'29"W a distance of 2149.11
7 feet; thence continuing along said right of way
8 line, N33°03'06"W a distance of 94.83 feet;
9 thence departing from said right of way line
10 and running along with the West boundary of the
11 East 3/4 of the North 1/2 of said Section 23,
12 N01°09'53"E a distance of 953.69 feet to the
13 Northwest corner of the NE 1/4 of the NW 1/4 of
14 said Section 23; thence along and with the
15 North boundary of said Section 23, S89°18'53"E
16 a distance of 1322.54 feet to the South 1/4
17 section corner of Section 14, Township 15
18 South, Range 17 East; thence along and with the
19 West boundary of the East 1/2 of said Section
20 14, N00°02'17"E a distance of 5325.47 feet to
21 the North 1/4 section corner of said Section
22 14; thence along and with the North boundary of
23 said Section 14, S89°41'00"E a distance of
24 2642.57 feet to the Northeast corner of said
25 Section 14; thence along the East boundary of
26 said Section 14, S00°00'42"W a distance of
27 2671.40 feet to the Northwest corner of the
28 West 3/4 of the South 1/2 of Section 13,
29 Township 15 South, Range 17 East; thence along
30 and with the North boundary of said West 3/4 of
31 South 1/2 of Section 13, S89°23'29"E a distance
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1 of 4020.70 feet to the Northeast corner of the
2 West 3/4 of the South 1/2 of Section 13; thence
3 along and with the East boundary of said West
4 3/4 of the South 1/2, S00°12'36"W a distance of
5 2655.48 feet to the Southeast corner of said
6 West 3/4 of the South 1/2; thence along and
7 with the South boundary of said Section 13,
8 S89°36'43"E a distance of 1337.12 feet to the
9 Northeast corner of Section 24, Township 15
10 South, Range 17 East; thence along and with the
11 West boundary of Section 18, Township 15 South,
12 Range 18 East, N00°14'56"E a distance of
13 5299.43 feet to the Southwest corner of Section
14 7, Township 15 South, Range 18 East; thence
15 along and with the West boundary of said
16 Section 7, N00°17'26"E a distance of 2649.16
17 feet to the West 1/4 section corner of said
18 Section 7; thence continue along and with said
19 West boundary, N00°02'03"E a distance of
20 2650.95 feet to the Southwest corner of Section
21 6, Township 15 South, Range 18 East; thence
22 along and with the West boundary of said
23 Section 6, N00°22'30"E a distance of 2653.72
24 feet to the West 1/4 section corner of said
25 Section 6; thence continuing along and with the
26 said West boundary, N00°02'30"E a distance of
27 2654.32 feet to the Point of Beginning.
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29 Section 2. The Board of County Commissioners of Marion
30 County, Florida, shall constitute the district board of said
31 municipal service district and shall constitute the governing
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1 board of said district. Such district shall be a body
2 corporate and politic, exercising essential governmental
3 functions, and shall have the power to sue and be sued; to
4 contract; to adopt and use a common seal and alter the same at
5 pleasure; to purchase, hold, lease, or otherwise acquire and
6 convey such real property and personal property and interest
7 therein as may be necessary or proper to carry out the
8 purposes of this law. The Clerk of the Circuit Court of Marion
9 County, Florida, shall be the ex officio clerk and treasurer
10 of the district.
11 Section 3. The district board of said district is
12 authorized and empowered:
13 (a) To make rules and regulations for its own
14 government and proceedings and to adopt an official seal for
15 the district.
16 (b) To employ engineers, attorneys, accountants,
17 financial or other experts, and such other agents and
18 employees as said district board may require or deem necessary
19 to effectuate the purposes of this law, or to contract for any
20 of such services.
21 (c) To provide the following municipal services within
22 said district:
23 (1) Road maintenance and lighting.
24 (2) Maintenance and operation of all public lands and
25 all public civic and recreational facilities.
26 (3) Law enforcement.
27 (4) Fire protection.
28 (d) To exercise zoning powers consistent with and for
29 the enforcement of existing deed restrictions and covenants
30 contained in or incorporated in conveyances of lots in the
31 subdivision of Rainbow Lakes Estates.
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1 (e) To provide for and regulate and control the
2 furnishing of water, gas, electric, telephone, and other
3 public utility services within said district, including the
4 franchising and taxing of such services.
5 (f) To acquire in the name of the district by
6 purchase, gift, or the exercise of the right of eminent domain
7 such lands and right and interest therein, including lands
8 under water and riparian rights, and to acquire such personal
9 property as it may deem necessary in connection with the
10 furnishing of services authorized by this law and to hold and
11 dispose of all real and personal property under its control;
12 however, nothing herein contained shall authorize the power of
13 eminent domain to be exercised beyond the limits of the
14 district.
15 (g) To restrain, enjoin, or otherwise prevent the
16 violation of this law or of any resolution, rule, or
17 regulation adopted pursuant to the powers granted by this law.
18 (h) To join with any other district or districts,
19 cities, towns, counties, or other political subdivisions,
20 public agencies, or authorities in the exercise of common
21 powers.
22 (i) To levy an ad valorem maintenance tax upon all
23 taxable real and personal property within said district not to
24 exceed 3 mills during any one year. Such maintenance tax shall
25 be levied and collected in the manner provided for the levy
26 and collection of county ad valorem taxes. The district board
27 shall certify each year to the tax collectors of Marion County
28 and Levy County, respectively, the millage levied as such
29 maintenance tax and said tax collectors shall be ex officio
30 tax collectors for the district, and such taxes shall be
31 levied and collected in the same manner as other general
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1 county taxes. Taxes collected shall be remitted by said tax
2 collectors to the Clerk of the Circuit Court for Marion
3 County, Florida, as ex officio clerk and treasurer of said
4 district.
5 (j) To levy and assess special assessments to fund
6 municipal services within said district. The district board
7 shall certify each year to the tax collectors of Marion County
8 and Levy County, respectively, a non-ad valorem assessment
9 roll, and said tax collectors shall be ex officio tax
10 collectors for the district, and such special assessments
11 shall be levied and collected pursuant to general law. Special
12 assessments collected shall be remitted by said tax collectors
13 to the Clerk of the Circuit Court for Marion County as ex
14 officio clerk and treasurer of said district.
15 (k) To borrow money and issue bonds, certificates,
16 warrants, notes, or other evidences of indebtedness.
17 Section 4. The annual fiscal year for the operation of
18 said district shall run from October 1 of each year to
19 September 30 of the following year. The district board on or
20 before July 1 of each year shall hold a public hearing and
21 adopt a budget setting forth the amounts necessary for the
22 costs and expenses of furnishing the municipal services
23 authorized by this law, including the maintenance and upkeep
24 of the roads and facilities as authorized by this law, which
25 budget shall serve as a basis for the annual levying of the ad
26 valorem tax herein provided. All funds received from said ad
27 valorem taxes and from all other sources shall be deposited in
28 a special fund by the treasurer of the district and shall only
29 be expended pursuant to said budget and pursuant to the laws
30 of Florida regulating county budgets and the expenditure of
31 county funds.
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1 Section 5. The Board of County Commissioners of Levy
2 County, Florida, is hereby authorized and empowered by
3 resolution to delegate to and contract with the Board of
4 County Commissioners of Marion County, Florida, for the
5 administration of this law and the furnishing of the municipal
6 services provided for in this law by the district and the
7 district board to the area of said district lying within the
8 boundaries of Levy County, Florida.
9 Section 6. The district board of said district shall
10 appoint an advisory committee consisting of seven registered
11 electors residing within said district, six of whom shall be
12 residents of Marion County, Florida, and one of whom shall be
13 a resident of Levy County, Florida, to serve for a term of 4
14 years or until their successors be appointed. Vacancies in
15 said committee due to death, disability, or removal of
16 residence from the district shall be filled by the district
17 board for the balance of the unexpired term of any member
18 dying, becoming disabled, or removing his or her residence
19 from the district.
20 Section 7. In accordance with section 189.404(3),
21 Florida Statutes, the following subsections shall constitute
22 the minimum charter requirements of the Rainbow Lakes Estates
23 Municipal Service District:
24 (a) The district is organized and exists for the
25 purposes set forth in this act and for the purpose of
26 providing municipal services within the boundaries of the
27 district as may be authorized by general law.
28 (b) The powers, functions, and duties of the district
29 regarding ad valorem taxation, bond issuance, other
30 revenue-raising capabilities, budget preparation and approval,
31 liens and foreclosure of liens, use of tax deeds and tax
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1 certificates as appropriate for non-ad valorem assessments,
2 and contractual agreements shall be as set forth in chapters
3 170, 189, 197, and 298, Florida Statutes, or any other
4 applicable general or special law, as they may be amended from
5 time to time.
6 (c) The district was created by a majority of the
7 electors of the district voting in a special election held in
8 November 1969, pursuant to chapter 69-1298, Laws of Florida.
9 (d) The district's charter may be amended only by
10 special act of the Legislature.
11 (e) The Marion County Board of County Commissioners is
12 the governing board of the district. The membership and
13 organization of the governing board shall be as set forth in
14 this act and applicable general laws.
15 (f) The compensation of board members shall be as
16 provided in this act and applicable general law.
17 (g) The administrative duties of the board shall be as
18 set forth in this act and applicable general law.
19 (h) Requirements for financial disclosure, noticing,
20 and reporting shall be as set forth in this act and applicable
21 general law.
22 (i) The procedures and requirements governing the
23 issuance of bonds, notes, and other evidences of indebtedness
24 shall be as set forth in chapter 189, Florida Statutes, and
25 applicable general law.
26 (j) District elections or referenda shall be conducted
27 as set forth in this act and applicable general law.
28 (k) The district may be financed by any method set
29 forth in this act or applicable general law.
30 (l) The district is authorized to levy ad valorem
31 taxes at a rate not to exceed 3 mills during any one year.
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1 (m) The method for collecting non-ad valorem
2 assessments, fees, or service charges shall be as set forth in
3 this act and applicable general law.
4 (n) The district's planning requirements shall be as
5 set forth in chapter 189, Florida Statutes, and applicable
6 general law.
7 (o) The geographic boundaries of the district shall be
8 as set forth in section 1 of this charter.
9 Section 4. The provisions of this act shall be
10 liberally construed in order to effectively carry out the
11 purposes of this act in the interest of the public health,
12 welfare, and safety of the citizens served by the district.
13 Section 5. If any section, subsection, sentence,
14 clause, or phrase of this act is held to be unconstitutional,
15 such holding shall not affect the validity of the remaining
16 portions of the act, the Legislature hereby declaring that it
17 would have passed this act and each section, subsection,
18 sentence, clause, and phrase thereof, irrespective of any
19 other separate section, subsection, sentence, clause, or
20 phrase thereof, and irrespective of the fact that any one or
21 more other sections, subsections, sentences, clauses, or
22 phrases thereof may be declared unconstitutional.
23 Section 6. Chapters 69-1298 and 97-375, Laws of
24 Florida, are repealed.
25 Section 7. This act shall take effect upon becoming a
26 law.
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