Act of the Legislature of Florida to Divide the County of DeSoto, and to Create and Establish the Counties of Hardee, Highlands, Glades and Charlotte from Portions of DeSoto County, and Providing for the Organization and Government Thereof, 1921

Florida -- Boundaries

Florida -- Administrative and political divisions

County government--Law and legislation

An act of the Florida Legislature (Chapter 8513, No. 118) establishing the counties of Hardee, Highlands, Glades and Charlotte from a section of DeSoto County. Signed by Governor Cary A. Hardee on April 23, 1921, this act describes the boundaries of the new counties and provides procedures for electing county officers and transferring active court cases. Ledger printed by T. J. Appleyard of Tallahassee.

Florida. Legislature. House of Representatives

Florida. Legislature. Senate

State Archives of Florida, Series S222

1921-04-23

Hardee, Cary A. (Cary Augustus), 1876-1957

MacWilliams, William A., 1863-1941

Jennings, Frank E., 1877-1966

Finley, Charles Alexander Martin, 1849-1934

Meginniss, Benjamin Andrews, 1884-1972

Eaton, Oscar M., 1875-1937

Lyons, Frances Papy

legislative acts

eng-US

Text

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Florida Boom and Progressive Era (1900-1926)

DeSoto County (Fla.)

Hardee County (Fla.)

Highlands County (Fla.)

Glades County (Fla.)

Charlotte County (Fla.)

Wauchula (Fla.)

Sebring (Fla.)

Moorehaven (Fla.)

Punta Gorda (Fla.)

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Politics and Government

Florida. Governor (1921-1925 : Hardee)

Chapter 8513 No. 118 AN ACT to Divide the County of DeSoto, and to create and establish the Counties of Hardee, Highlands, Glades and Charlotte from portions of DeSoto County, and Providing for the Organization and Government thereof BE IT ENACTED BY THE LEGISIATURE OF THE STATE OF FLORIDA Section 1. That the County of DeSoto shall be and is hereby divided, and from portions thereof four new counties shall be and are hereby crested and established, namely: Hardee County, created and established hereby, shall comprise and include all that territory now situated in the County of DeSoto, described and bounded as follows, to-wit; Beginning at the Northeast corner of Township 33 South, Range 27 East, in DeSoto County, Florida, running thence South on Range line dividing Ranges 27 and 28, to the Southeast corner of Section 13, Township 36 South, Range 27 East; running thence West following the Section line to the Southwest corner of Section 18, Township 36 South, Range 25 East; running thence North on Range line dividing Ranges 2c and 25 to the Northwest corner of Township 33 South, Range 23 East: running thence East along Township line dividing Townships 32 and 33, to the place of beginning: Highlands County, created and established hereby, shall comprise and include ell that territory now situated in the County of DeSoto, described and bounded as follows, to-wit: Beginning at the Northwest corner of Township 33 South, Range 28 East, in DeSoto County, and running east on Township line dividing Townships 32 and 33, to the intersection of same with the Kissimmee: River: running thence Southerly along said River and bordering Okeechobee County, to the intersection of the Township line dividing Townships 37 and 328 with said River and boundary; running thence Vest on said Township line to the Southwest corner of Township 37, South, Range 32 East; running thence South on Range line dividing [Ranges] 31 and 32 to the Southwest corner of Township 38 South, Range 32 East; running thence West on the Township line dividing Townships 38 and 39, to the Northwest corner of Township 39, South, Range 31 East; running thence South,

on the range line dividing ranges 30 and 31, to the Southwest corner of Township 39 South, Range 31 East; running thence West on the Township line dividing Townships 39 and 40, to the Northwest corner of Township 40, South, Range 28 East; running thence North on the Range line dividing Ranges 27 and 28 to the place of beginning: Glades County, created and established hereby, shall comprise and include all that territory now situated in the County of. DeSoto, described and bounded as follows, to-wit; Beginning at the Northwest corner of Township 40, South, Range 28 East, in DeSoto County, running thence East on Township line dividing Townships 39 and 40 to the Southeast corner of Township 39 South, Range 30 East; Running thence North on Range line dividing Ranges 450 and 31, to the Northwest corner of Township 39 South, Range 31 East running thence Fast on Township line dividing Townships 38 and 39, to the Northwest corner of Township 39, South, Range 32 East; running thence North om Range line Dividing Ranges 31 and 32, to the Northwest corner of Township 38, South, Range 32 East; Running thence East on Township line dividing Townships 37 and 38 to the intersection of the same with the Kissimmee River, and the Western boundary of Okeechobee County; running thence Southerly along the Kissimmee River and the western boundary of Okeechobee County to Lake Okeechobee; Running thence Southerly along Lake Okeechobee and the Western Boundary of Palm Beach County to the Intersection of the Township line dividing Townships 42 and 43; running thence West along said Township line to the Southwest corner of Township 42 South, Range 28 East; Running thence North on the Range line dividing Ranges 27 and 28 to the place of beginning: : Charlotte County, created and established hereby, shall comprise and include all that territory now situated in the County of DeSoto, described and bounded as follows, to-wit: Beginning at the Northeast corner of Township 40 South, Range 27 East, in DeSoto County, running thence South on Range line dividing Ranges 27 and 28 to the Township line dividing Townships 42 and 43 to Lee County; running thence West on said Township line to the waters of the Gulf of Mexico; running thence Northerly and Westerly along said Gulf of Mexico to the intersection therewith of the Township line dividing Townships 40 and 41; running thence East along said Township line to the Southeast corner of Township 40 South, Range 20 East; running thence North on the Range line dividing Ranges 20 and 21 to the Northwest corner of Township 40 South, Range2l East; running thence

East on Township Line dividing Townships 39 and 40 to the place of Beginning All the remaining territory shall continue to be and constitute the County of Desoto. Section 2. The said Counties shall be a part of the First Congressional District; a part of the Twenty-seventh Senatorial District, and a part of the Twelfth Judicial Circuit, and each of Said Counties shall have one member in the House of Representatives of Florida. Section 3. The Town or City of Wauchula shall be the temporary county seat of Hardee County; the town or city of Sebring shall be the temporary county seat of Highlands County; the town or city of Moorehaven shall be the temporary county seat of Glades County; the town or city of Punta Gorda shall be the temporary county seat of Charlotte County; all until a permanent County seat is duly established for each said County in accordance with the laws of Florida. Section 4. That it shall be the duty of the Governor of this State, after this Act shall become a law, to appoint officers to the several offices of each of said new counties, as in other counties in this State to which each of said Counties may be entitled under the Constitution and laws of the State of Florida. Section 5. That it shall be the duty of the Board of County Commissioners of each of said new Counties, to hold their first meeting on the first Monday after they shall have been duly qualified, and at said meeting they shall make arrangements for Carrying on the county government and shall perform such other duties as may be required of them by law. And at some future meeting they shall order an election for the purpose of locating a permanent county seat for each said county in accordance with the laws of Florida to be held not later than the 2nd Tuesday in February, 1923, Section 6. That it shall be the duty of the Board of Public Instruction of each of said new counties, “to held their first meeting on the first Monday after they shall have been duly qualified and to proceed to perform their duties. Section 7. It shall be the duty of the Board of County Commissioners of each of said new counties, and of the County of

DeSoto, at as early a date as may be possible, to hold a conference or conferences and agree upon a plan or plans for the assumption by each of said counties of its pro rata share of the indebtedness of DeSoto County in accordance with the Constitution of the State of Florida, and also upon and equitable division of the surplus funds and personal or movable property that DeSoto County may have on hand, not otherwise provided for in this Act; and also to agree upon a plan or plans for the distribution and disposition, and provisions for the payment of, any indebtedness of any Special Tax Road District or Districts, and also any indebtedness of any Special Road and Bridge District or Districts, the territory of which may be divided between any counties by this Act; and also for the division and distribution of any moneys, funds, and other personal property of any such Special Tax Road Districts or Special Road and Bridge Districts. Section 8. Whenever the boundaries of any of said counties as herein given, shall divide any special tax road district, or : special road and bridge district, so much of any such district as shall be in each county shall constitute and be a separate district, and the Board of Trustees of any such district, a portion of which remains in Desoto County, shall be and remain the Board of Trustees as to such portion for the remainder of their terms of office, and it shall be the duty of the Governor of the State of Florida to appoint members of a Board of Trustees for any portion of such district as may be in any one of the new counties hereby established, or should portions of said district be in more than one of said new counties, as well as in DeSoto County, to appoint a Board of Trustees for each such portion or new district: said appointed members to hold office until the election or appointment and qualification thereupon of their successors according to law. Should the boundaries of said new counties as given herein so divide any such district as not to leave any portion thereof in DeSoto County, each portion so divided shall constitute a separate district, and the Board of Trustees for said o1d district shall continue as trustees for the largest portion or new district into which said old district is divided, and the Governor of the State shall appoint a Board or Boards of Trustees for the other portion or portions as above provided.

Section 9. It shall be the duty of the Board of Public Instruction of each of said new counties, and of the County of DeSoto, at as early a date as may be possible, to hold a conference or conferences and agree upon a plan or plans for the assumption by each of said counties of its pro rata share of the indebtedness of the Board of Public Instruction of DeSoto County, and also upon an equitable division of the surplus funds that said Board may have on hand, or that may be owing to said Board: and also to agree upon a plan or plans for the distribution and disposition, and provisions for the payment of any indebtedness of any Special School Tax District, the territory of which may be divided between any counties by this Act; and also upon the division and distribution of any moneys, funds and other personal property of any such Special School Tax District. Section 10. Wherever the boundaries of any of said counties as given herein, shall divide any Special School Tax District, so much of any such district as shall be in each county shall constitute and be a separate Special School Tax District, and the Board of Trustees of any such District, a portion of which remains in DeSoto County, shall be and remain the Board of Trustees as to such portion for the remainder of their terms of office, and it shall be the duty of the Governor of the State of Florida to appoint members of a Board of Trustees for any portion of such district as may be in any one of the new counties hereby established, or Should portions of said district be in more than one of said new counties, as ell as in DeSoto County, to appoint a Board for each such portion, or new district, said appointed members to hold office ;until the election or appointment and qualification thereupon of their successors according to law. Should the boundaries of said new counties, as given herein, divide any Special School Tax District, but leaving no portion thereof in DeSoto County, each such portion SO divided shall constitute a separate district, and the Board of Trustees for said old district shall continue as Trustees for the largest portion of new district into which said old district is divided, and the Governor of the State shall appoint a Board or Boards of Trustees for the other portion or portions, as above provided. Section 11. The courts of each of said counties shall have civil and criminal jurisdiction throughout said county over causes of action which shall have accrued, and over crimes and

misdemeanors which shall have been committed within the territory embraced in each of said counties as hereby constituted, prior to this act going into effect, in the same manner and to the same extent as if said county had been in existence when such causes of action accrued or such crimes or misdemeanors were committed. Section 12. All actions, suits and prosecutions, and all proceedings in guardianship or administration, and all other actions, suits, prosecutions or proceedings that may be pending in DeSoto County in any court or before any officer or board of said county, upon this Act going into effect whereof any court, officer or boards of any one of said new counties would have had jurisdiction if said county had been in existence when such action or proceedings were instituted, shall be transferred to the court, officer or board of such new county heaving jurisdiction of such matters, and all pleadings, papers and documents in any way pertaining. to any such action, prosecution or proceeding, shall be delivered by the clerk or other officer, court or board of DeSoto County having custody thereof, to the proper officer, court or board of such new county. Section 13. The Clerk of the Circuit Court of each such new county, or his authorized agent or deputy, shall procure from the records in the office of the Clerk of the Circuit Court of DeSoto County, s transcript or copies of all deeds, transfers, mortgages, leases, bills of sale, assignments or other conveyances of real or personal property, and ell judgments, orders, decrees, and any and all matters of record whatsoever, and any and all papers or documents in the custody of the Clerk of the Circuit Court for DeSoto County, that may in anywise affect the interest of such new county, or the property therein, and the Clerk of the Circuit Court for DeSoto County shall, without charges or fees, allow the clerk of the circuit court of each of said new counties free access to all books and papers on file in his office that would in anywise facilitate the procuring of such transcription of copies. The Clerk of the circuit court of each of said new counties shall certify to the correctness of such transcription or copies, and thereupon such certified copies of the records, documents and other matters so copied, transcribed and certified shall be of the same force and effect as the original records. Section 14. As compensation for the services required of him in section 13 of this Act, the Clerk of the Circuit Court of each of said new counties shall be paid by said county a sum to be fixed by the County Commissioners thereof, not to exceed one hundred ($100.00) dollars per month for each man for such time as he. shall

actually engage in such work. Section 15. The County Judge of each of said new counties shall procure from the records in the office of the County Judge of DeSoto County & transcript or copies of all papers, files, documents and records in the custody of said County Judge of DeSoto County, that may in anywise affect the interest of such new county, or the property therein, and the County Judge of DeSoto County shall, without charges or fees, allow the county judge of each of such new counties free access to all books, papers and files in his office that may in anywise facilitate the procuring of such transcription or copies. The County Judge of each of said new counties shall certify to the correctness of such transcription or copies, and thereupon such certified copies shall be of the same force and effect as the original records, And the Judge of the County Court of said DeSoto County and the Clerk thereof shall, without charges or fees, allow the several Clerks of the Circuit Courts of such new Counties, and the several justices of the peace thereof, who are interested in any cause or causes pending in said County Court of DeSoto County, free access to all dockets, files, books, papers and data pertaining to any such cause or causes, and shall, upon the payment of a1] fees due, deliver over to such Circuit Court Clerks and such Justices of the peace of such new Counties all the original pavers, files, and data in all causes affecting persons or property or otherwise in Such new counties, and shall as far as possible facilitate the procuring of transcripts and copies of papers and entries and so forth from the records of said County Court of DeSoto County. Section 16. AS compensation for the services required of him in section 15 of this Act, the County Judge of each of said new counties Shall be paid by said county a sum to be fixed by the County Commissioners not to exceed one hundred ($100.00) dollars a month for each man for such time as he shall be actually be engaged in such work. Section 17. The Assessor of Taxes of DeSoto County shall continue to perform the duties of his office in relation to all property and person within the territory of the new counties hereby created, until the first Monday of July, 1921, and shall complete the assessment roll for DeSoto County as heretofore existing. Upon completion of Said assessment roll, as provided by law, he shall

deliver to the assessor of taxes for each of said new counties a transcript of so much of such assessment roll as applies to property and persons within the limits of the new county of each such assessor, and the assessor of taxes of each of said new counties shall, after the first Monday of July, 1921, perform all the duties of his office as now provided by law. Section 18. The Assessor of Taxes for DeSoto County shall be paid as provided by law for assessing the taxes for the year 1921 on all the property in DeSoto County as heretofore existing; and the County Commissioners of each of said new counties shall provide for reasonable compensation to be paid to said assessor for preparing a transcript of their assessment rolls for each such county, as herein provided, and for all other extraordinary services which said assess or may be required to perform. Section 19. The assessor of taxes for each such new county shall receive no compensation from the State for the assessment of taxes of said county for the year 1921, but he shall receive for such services as he may perform after the first day of January, 1922, such compensation as is provided by law, and the County Commissioners of his county shall pay him such reasonable compensation for any service rendered by him between the first Monday of July, 1921, and the 1st of January 1922, as they may deem proper. And the Tax Assessor and the Clerk of the Circuit Court of DeSoto County shall, without charges or fees, allow the assessor of taxes for each of said new counties free access to all books, maps, papers and files in their respective offices that would in anywise facilitate the performance of his duties. Section 20. The collector of taxes of DeSoto County shall be allowed credit in his settlement for the amount of all taxes due on property or from persons within said new counties as hereby created, for the year 1921. The collector of taxes of DeSoto County shall perform the duties of his office as to all of DeSoto County as heretofore existing, up to and including the thirtieth day of September, 1921, collecting all tares due prior to that date, by sale or otherwise; provided, that all such taxes collected by him on the property or persons in any of said new counties, for other than State purposes shall be turned. over to the proper officers of such new county; and the collector of taxes for each of said new counties shall perform all the duties of his office from, on and after the thirtieth day of September, 1921, and on the thirtieth day of September, 1921, all unredeemed tax sale certificates on lend lying in any such new county as herein established, shall be delivered by the Clerk of the

Circuit Court for DeSoto County to the Clerk of the Circuit Court for such new county, who shall give his receipt therefor to said Clerk of the Circuit Court for DeSoto County, which receipt shall be forwarded by said Clerk of DeSoto County to the State Comptroller, who shall credit said Clerk with said certificates, and charge the same to the Clerk of the Circuit Court for such new county. All redemptions, or sales of certificates, as to lands in said new counties made on or after the thirtieth day of September, 1921, shall be made through the Clerk of the Circuit Court for such new county in which the same is Situated; all redemptions or sales of the same made after the passage of this act, and prior to the thirtieth day of September, 1921, shall be made through the Clerk of the Circuit Court for DeSoto County, Provided, that as to any certificates held by the State, so redeemed or sold through said Clerk of the Circuit Court for DeSoto County, after the passage of this Act and prior to the thirtieth day of September 1921, the Comptroller shall remit to the proper officers of the said new county and sub-districts thereof the amounts due them. Section 21. If any portion, provision or section of this Act should be held to be unconstitutional, it shall not invalidate the entire Act, or any other portion, provision , or section thereof. Section 22. This Act shall take effect immediately upon its approval by the Governor, or upon its becoming a law without his approval, or being passed over his veto.

Senate Bill No 51 Passed the Senate this 13th day of April, A.D. 1921 [signed] W.A. MacWilliams President of the Senate. [signed] C. A. Finley Secretary of State. Passed the House of Representatives this 20th day of April, A. D. 1921 [signed] Frank E. Jennings Speaker of the House of Representatives. [signed] B. A. Meginniss Chief Clerk of the House of Representatives. Examined and found correctly enrolled. [signed] M. Eaton Chairman of Committee on Enrolled Bills. I certify that this Act originated in the Senate. [signed] C. A. Finley Secretary of State. [signed] Frances Papy Lyons Enrolling Secretary of State. Approved this 23 day of April, A. D. 1921 [signed] Cary A. Hardee