House Bill 1515
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
By Representative Goode
1 A bill to be entitled
2 An act relating to drainage districts; amending
3 ss. 298.01, 298.005, 298.11, 298.12, 298.15,
4 298.16, 298.17, 298.22, 298.23, 298.24, 298.25,
5 298.26, 298.28, and 298.59, F.S.; requiring
6 compliance with chapter 189, F.S.; providing
7 definitions; providing for the water management
8 plan to be renamed the water control plan;
9 providing for the water control plan to serve
10 the functions of the former plan of
11 reclamation; providing for the jurisdictional
12 water management district to provide certain
13 review responsibilities previously provided by
14 the Department of Environmental Protection;
15 providing for the appointment of certain
16 supervisors by the Governor; renaming certain
17 taxes as assessments; consolidating powers of
18 supervisors; describing engineer's duties and
19 reports; creating ss. 298.225, 298.301,
20 298.305, 298.309, 298.313, 298.317, 298.321,
21 298.325, 298.329, 298.333, 298.337, 298.341,
22 298.345, 298.349, 298.353, 298.357, and
23 298.361, F.S.; providing water control plan
24 development and amendment requirements;
25 requiring notice; providing for hearings;
26 providing for assessment of lands for certain
27 purposes; providing for proceedings of an
28 engineer; providing duties of the district
29 attorney; providing for notice of an engineer's
30 report; providing procedures for objections to
31 and hearings on the engineer's report;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 providing for consistency review by
2 general-purpose local governments; providing
3 for recommendations to the Legislature;
4 providing for consistency determination by
5 water management district; providing for water
6 control plan or plan amendment adoption;
7 providing for administrative hearings;
8 providing for issuance of final orders by the
9 Florida Land and Water Adjudicatory Commission;
10 providing for remedial actions; providing for
11 mediation; providing for enforcement of
12 remedial actions; providing for hearings;
13 providing for condemnation proceedings;
14 providing for assessing land for certain
15 purposes; providing for apportionment of
16 assessment; providing for a new or amended plan
17 under certain circumstances; providing for
18 additional levies for certain purposes;
19 authorizing issuance of bonds; providing
20 procedures; providing for liens under certain
21 circumstances; specifying application of
22 assessments; providing for delinquent
23 assessments; providing a penalty; providing for
24 enforcement of non-ad valorem assessments;
25 providing assessments for certain expenses;
26 providing for unit development; providing
27 powers of boards of supervisors; providing for
28 financing assessments for units; providing for
29 readjustment of assessments forming basis for
30 maintenance tax; providing for readjustment of
31 assessments forming basis for repayment of
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 district indebtedness and maintenance of
2 drainage system; amending ss. 190.013, 298.365,
3 298.366, 298.401, 298.41, 298.47, 298.48,
4 298.49, 298.50, 298.51, 298.52, 298.54, 298.56,
5 298.65, 298.71, 298.72, 298.73, and 298.76,
6 F.S.; changing "taxes" to "assessments" and
7 clarifying additional terms for consistency;
8 correcting cross references; prohibiting
9 special laws or general laws of local
10 application granting exemptions or
11 modifications to requirements of chapter 298,
12 F.S.; prohibiting special laws or general laws
13 of local application creating water control
14 districts; repealing s. 298.07, F.S., relating
15 to amending decrees incorporating districts;
16 repealing s. 298.27, F.S., relating to board of
17 supervisors making new plans, levying
18 additional assessments, and issuing bonds;
19 repealing s. 298.29, F.S., relating to levy and
20 collection of taxes, borrowing money, and
21 issuing debt; repealing s. 298.30, F.S.,
22 relating to appointment of commissioners for
23 certain purposes; repealing s. 298.31, F.S.,
24 relating to meetings and organization of
25 commissioners; repealing s. 298.32, F.S.,
26 relating to proceedings and duties of
27 commissioners; repealing s. 298.33, F.S.,
28 relating to notice; repealing s. 298.34, F.S.,
29 relating to procedures for filing exceptions to
30 an engineer's report; repealing s. 298.35,
31 F.S., relating to powers of supervisors;
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 repealing s. 298.36, F.S., relating to
2 assessments for certain purposes; repealing s.
3 298.465, F.S., relating to the collection and
4 enforcement of taxes; repealing s. 298.467,
5 F.S., relating to a prohibition against
6 borrowing; repealing s. 298.55, F.S., relating
7 to readjustment of assessment benefits;
8 repealing s. 298.77, F.S., relating to
9 readjustment of assessments; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 298.01, Florida Statutes, is
15 amended to read:
16 298.01 Formation of water control district.--It is the
17 legislative intent that those water control districts
18 established prior to July 1, 1980, pursuant to the process
19 formerly contained in ss. 298.01, 298.02, and 298.03, may
20 continue to operate as outlined in this chapter. However, on
21 and after that date, no water control district may be created
22 except pursuant to s. 125.01 or a special act of the
23 Legislature. On or after July 1, 1997, no water control
24 district may be created except pursuant to chapter 189 and the
25 restriction imposed by s. 298.76. Any water control district
26 established by a county ordinance shall be a dependent special
27 district and must have a budget that requires approval through
28 an affirmative vote or may be vetoed by the governing body of
29 a single county. Upon formation of a water control district
30 by a special act of the Legislature, the circuit court of the
31 county in which a majority of the land within the district is
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 located shall thereafter maintain and have original and
2 exclusive jurisdiction, coextensive with the boundaries and
3 limits of the water control district without regard to county
4 lines, for all purposes of this chapter.
5 Section 2. Section 298.005, Florida Statutes, is
6 amended to read:
7 298.005 Definitions The word "owner" defined.--When
8 appearing in this chapter, the following terms and phrases
9 have the meaning ascribed to them in this section:
10 (1) "District water management plan" means the
11 long-range comprehensive planning document prepared by a
12 chapter 373 water management district for implementation of
13 its water resource management responsibilities, including
14 water supply, flood protection, water quality management, and
15 protection of natural systems. A district water management
16 plan provides general direction and strategies for the
17 activities, programs, and rules of the water management
18 district and may be implemented by program development, water
19 resource projects, land acquisition, funding, technical
20 assistance, facility operations, and rule development. A
21 district water management plan is a planning document and is
22 not self-executing; only those portions adopted through formal
23 administrative rulemaking are binding and enforceable.
24 (2) "Jurisdictional water management district" means
25 the chapter 373 water management district or districts within
26 which the lands encompassed by a water control district are
27 located.
28 (3) "Owner" means the owner of the freehold estate, as
29 appears by the deed record. It shall not include reversioners,
30 remaindermen, or mortgagees, who shall not be counted and need
31 not be notified by publication or served by process, but shall
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 be represented by the present owners of the freehold estate in
2 any proceeding under this chapter.
3 (4) "Water control district" means a special district
4 established in accordance with s. 298.01 and operating under
5 the provisions of this chapter.
6 (5) "Water control plan" means the comprehensive
7 operational document that describes the activities and
8 improvements to be conducted by a water control district
9 authorized under this chapter. Alternatively described as a
10 "plan of reclamation" or "water management plan" prior to
11 October 1, 1998, a water control plan details the system of
12 water management implemented by a water control district. The
13 word "owner," as used in this chapter, shall mean the owner of
14 the freehold estate, as appears by the deed record, and it
15 shall not include reversioners, remaindermen, trustees or
16 mortgagees, who shall not be counted and need not be notified
17 by publication, or served by process, but shall be represented
18 by the present owners of the freehold estate in any proceeding
19 under this chapter.
20 Section 3. Section 298.11, Florida Statutes, is
21 amended to read:
22 298.11 Election of board of supervisors; duties of
23 Department of Environmental Protection and Governor duties.--
24 (1) Within 20 days after the effective date of a
25 special act or a county ordinance creating a district, notice
26 of a landowners meeting shall be given as provided in the
27 special act or county ordinance. The notice shall be
28 published any district shall have been organized and
29 incorporated under the provisions of this chapter, the clerk
30 of the circuit court in which the petition has been filed
31 shall, upon giving notice by causing publication thereof to be
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 made once a week for 2 consecutive weeks in a some newspaper
2 of general circulation published in each county in which lands
3 of the district are located situate, the last publication
4 insertion to be not less than 10 nor more than 15 days before
5 the date day of the such meeting. The, call a meeting of the
6 owners of the lands located situate in the said district shall
7 be scheduled, at a day and hour specified, at some public
8 place in the county within in which most of the district lands
9 are located was organized, for the purpose of electing a board
10 of three supervisors, to be composed of owners of the lands in
11 the said district and residents of the county or counties in
12 which the such district is located situate.
13 (2) The landowners, when assembled, shall organize by
14 the election of a chair and secretary of the meeting, who
15 shall conduct the election.; At the such election, each and
16 every acre of land in the district shall represent one share,
17 and each owner shall be entitled to one vote in person or by
18 proxy in writing duly signed, for every acre of land owned by
19 him or her in the such district, and the three persons
20 receiving the highest number of votes shall be declared
21 elected as supervisors. The appointment of proxies shall
22 comply with s. 607.0722. Landowners owning less than 1 acre
23 in the aggregate shall be entitled to one vote. Landowners
24 with more than 1 acre shall be entitled to one additional vote
25 for any fraction of an acre owned, when all of the landowner's
26 acreage has been aggregated for purposes of voting. The
27 landowners shall at such election determine the length of the
28 terms of office of each supervisor so elected by them, which
29 shall be respectively 1, 2, and 3 years, and they shall serve
30 until their successors shall have been elected and qualified.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (3) The Department of Environmental Protection, at any
2 such meeting, may represent the state, and shall have the
3 right to vote for supervisors, or upon any matter that may
4 come properly before said meeting to the extent of the acreage
5 owned by the state in such district, provided such acreage is
6 subject to assessment by the water control district, which
7 vote may be cast by any person designated by said department.
8 Guardians may represent their wards, executors and
9 administrators may represent estates of deceased persons, and
10 private corporations may be represented by their officers or
11 duly authorized agents. The owners of a majority of the
12 acreage included in such district shall be necessary to
13 constitute a quorum for the purpose of holding such election,
14 or any election thereafter, and in case the owners of a
15 majority of the acreage included in such district are not
16 present in person or duly represented, at the time and the
17 place stated in the notice calling such meeting, then no
18 election shall be held, and notice of such failure shall be
19 given in writing by any person interested to the Governor, who
20 department, which shall as soon as practicable appoint three
21 competent persons who own land in such district as such
22 supervisors for the term of 1, 2, and 3 years respectively,
23 and such persons who shall hold their office until their
24 successors are elected or appointed and qualified.
25 (4) Any elected or appointed such supervisor so
26 appointed by the department may be removed by the Governor for
27 malfeasance, misfeasance, department for dishonesty,
28 incompetency, or failure to perform the duties imposed upon
29 him or her by this chapter, and any vacancies which may occur
30 in any such office so filled by appointment shall be filled by
31 the Governor said department as soon as practicable.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (5) The Melbourne-Tillman Water Control District shall
2 have five supervisors. Three supervisors shall be elected by
3 the landowners pursuant to the applicable provisions of this
4 section. Two supervisors, who are district residents, shall be
5 appointed by the Brevard County Board of County Commissioners
6 by majority vote at a regularly scheduled commission meeting
7 for a term of 3 years. The commission may publish notice of
8 this meeting and may take any public testimony which, in its
9 discretion, it feels might bear upon such appointments. Should
10 the landowners fail to elect a supervisor for any reason, the
11 Governor department shall not have power to appoint; instead,
12 the Brevard County Board of County Commissioners shall appoint
13 a competent person who owns land in said district within 30
14 days. A supervisor so appointed shall hold office until a
15 successor is elected or appointed. Any supervisor appointed by
16 the Brevard County Board of County Commissioners may be
17 removed by the board for dishonesty, incompetency, or failure
18 to perform the duties imposed on him or her by this chapter.
19 Section 4. Subsection (1) of section 298.12, Florida
20 Statutes, is amended to read:
21 298.12 Annual election of supervisors; term of office;
22 vacancy.--
23 (1) Every year in the same month after the time for
24 the election of the first board of supervisors, it shall call
25 a meeting of the landowners in the district in the same manner
26 as is provided for in s. 298.11, and the owners of land in
27 such district shall meet at the stated time and place and
28 elect one supervisor therefor, or in case of their failure to
29 elect, the Governor Department of Environmental Protection
30 shall appoint such supervisor, in like manner as prescribed in
31 s. 298.11, who shall hold the supervisor's office for 3 years
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 or until his or her successor is elected and qualified; and in
2 case of a vacancy in any office of supervisor elected by the
3 landowners, the remaining supervisors, or if they fail to act
4 within 30 days, the Governor Department of Environmental
5 Protection, may fill such vacancy until the next annual
6 meeting, when a successor shall be elected for the unexpired
7 term.
8 Section 5. Section 298.15, Florida Statutes, is
9 amended to read:
10 298.15 Record of proceedings.--The board of
11 supervisors of any district organized under this chapter shall
12 cause to be kept a well-bound book, entitled "record of board
13 of supervisors of .... district," in which shall be recorded
14 minutes of all meetings, proceedings, certificates, bonds
15 given by all employees and any and all corporate acts, which
16 record shall at all times be open to the inspection of anyone
17 interested, whether taxpayer or bondholder. Upon request,
18 copies of the record of proceedings shall be filed with the
19 clerk of the circuit court of the county or counties in which
20 district lands are located and with the jurisdictional water
21 management district and with the board of county commissioners
22 of each county and the governing body of each municipality
23 within which the district lands are located Department of
24 Environmental Protection. Any interested person, whether
25 landowner or not, shall be permitted to inspect the record of
26 proceedings.
27 Section 6. Subsections (2) and (3) of section 298.16,
28 Florida Statutes, are amended to read:
29 298.16 Appointment of chief engineer; engineer's bond
30 and duties.--
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (2) The chief engineer shall have control of the
2 engineering work in said district and may, whenever he or she
3 deems it necessary, confer with the chief engineer of this
4 state, or the jurisdictional water management district
5 Department of Environmental Protection, and he or she may, by
6 and with the consent of the board of supervisors, consult any
7 eminent engineer and obtain his or her opinion and advice
8 concerning the reclamation of lands in said districts. The
9 said engineer shall make all necessary surveys of the lands
10 within the boundary lines of said district, as described in
11 the petition, and of all lands adjacent thereto that will be
12 improved or reclaimed in part or in whole by any system of
13 drainage that may be outlined and adopted.
14 (3) The engineer shall make a report in writing to the
15 board of supervisors, with maps and profiles of said surveys,
16 which report shall contain a full and complete water control
17 plan for draining and reclaiming the lands described in the
18 petition, or adjacent thereto, from overflow or damage by
19 water, with the length, width and depth of such canals,
20 ditches, dikes or levees, or other works that may be
21 necessary, in conjunction with any canals, drains, ditches,
22 dikes, levees or other works heretofore constructed or built
23 by the Board of Trustees of the Internal Improvement Trust
24 Fund, or any other person, that may now be in process of
25 construction, or which may be hereafter built by them, that
26 may be necessary or which can be advantageously used in such
27 water control plan for reclamation; and also, an estimate of
28 the costs of carrying out and completing the water control
29 plan of reclamation, including the cost of superintending the
30 same and all incidental expenses in connection therewith. Maps
31 and profiles shall also indicate so far as necessary the
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 physical characteristics of the lands, and location of any
2 public roads, railroads and other rights-of-way, roadways and
3 other property or improvements located on such lands. A copy
4 of the report required by this section shall be filed with the
5 jurisdictional water management district and, upon request,
6 the board of county commissioners and the governing body of
7 each municipality within which the district lands are located
8 Department of Environmental Protection.
9 Section 7. Section 298.17, Florida Statutes, is
10 amended to read:
11 298.17 Appointment and duties of treasurer of
12 district; appointment of deputies; bond of treasurer; audit of
13 books; disbursements by warrant; form of warrant.--The board
14 of supervisors in any district shall select and appoint some
15 competent person, bank or trust company, organized under the
16 laws of the state, as treasurer of such district, who shall
17 receive and receipt for all the drainage assessments taxes
18 collected by the county collector or collectors, and the
19 treasurer shall also receive and receipt for the proceeds of
20 all delinquent assessment tax sales made under the provisions
21 of this chapter. Said treasurer shall receive such
22 compensation as may be fixed by the board of supervisors.
23 Said board of supervisors shall also have the authority to
24 employ a fiscal agent, who shall be either a resident of the
25 state or some corporation organized under the laws of Florida
26 and authorized by such laws to act as such fiscal agent for
27 municipal corporations, who shall assist in the keeping of the
28 assessment tax books, collections of assessments taxes, the
29 remitting of funds to pay maturing bonds and coupons, and
30 perform such other service in the general management of the
31 fiscal and clerical affairs of the district as may be
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 determined by such board; and said board shall have the right
2 to define the duties of such fiscal agent and fix its
3 compensation. Said board of supervisors shall furnish the
4 secretary and the treasurer with necessary office room,
5 furniture, stationery, maps, plats, typewriter, and postage.
6 The secretary and the treasurer, or either of them, may
7 appoint, by and with the advice and consent of the board of
8 supervisors, one or more deputies as may be necessary. Said
9 treasurer shall give bond in such amount as shall be fixed by
10 the board of supervisors, conditioned that the treasurer will
11 well and truly account for and pay out, as provided by law,
12 all moneys received by him or her as assessments taxes from
13 the county collector, and the proceeds from land tax sales for
14 delinquent assessments taxes, and from any other source
15 whatever on account or claim of said district, which bond
16 shall be signed by at least two sureties, or by some surety or
17 bonding company, approved and accepted by said board of
18 supervisors, and said bond shall be in addition to the bond
19 for proceeds of sales of bonds, which is required by s.
20 298.47. Said bond shall be placed and remain in the custody
21 of the president of the board of supervisors, and shall be
22 kept separate from all papers in the custody of the secretary
23 or treasurer. Said treasurer shall keep all funds received by
24 him or her from any source whatever deposited at all times in
25 some bank, banks, or trust company to be designated by the
26 board of supervisors. All interest accruing on such funds
27 shall, when paid, be credited to the district. The board of
28 supervisors shall audit or have audited the books of the said
29 treasurer of said district at least once each year and make a
30 report thereof to the landowners at the annual meeting and
31 publish a statement within 30 days thereafter, showing the
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 amount of money received, the amount paid out during such
2 year, and the amount in the treasury at the beginning and end
3 of the year. A certified copy of said annual audit shall be
4 filed with the state auditor. The treasurer of the district
5 shall pay out funds of the district only on warrants issued by
6 the district, said warrants to be signed by the president of
7 the board of supervisors and attested by the signature of the
8 secretary. All warrants shall be in the following form:
9
10 $.... Fund .... No. of Warrant ....
11 Treasurer of .... Water Control District, State of Florida.
12 Pay to .... .... Dollars out of the money in .... fund of ....
13 Water Control District. For ....
14 By order of board of supervisors of .... Water Control
15 District, Florida.
16 ...(President of District.)...
17 Attest: ...(Secretary of District.)...
18 Section 8. Section 298.22, Florida Statutes, is
19 amended to read:
20 298.22 Powers of given supervisors to effect
21 reclamation of land in district.--Subject to the authority
22 granted to water management districts and the Department of
23 Environmental Protection under chapters 373 and 403, the board
24 of supervisors of the district shall have full power and
25 authority to excavate, construct, and complete any and all
26 works and improvements necessary to execute the water control
27 plan, and: In order to effect the drainage, protection, and
28 reclamation of the land in the district subject to tax, the
29 board of supervisors:
30 (1) May employ persons and purchase machinery to
31 directly supervise, construct, maintain, and operate the works
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 and improvements described in the water control plan or may
2 contract with others for the supervision, construction,
3 maintenance, and operation of such works and improvements
4 either as a whole or in part. Contracts shall be advertised
5 and let to the lowest and best bidder, who shall give a good
6 and approved bond, with ample security, upon the condition
7 that he or she will well and promptly carry out the contract
8 for the described works and improvements. Each contract shall
9 be in writing and shall have attached to it complete plans and
10 specifications for the work to be done and improvements to be
11 made under the contract, which plans and specifications shall
12 be prepared by the chief engineer of the district. Each
13 contract shall be prepared by the attorney for the district,
14 approved by the board of supervisors, and executed in
15 duplicate by its president and the contractor. The chief
16 engineer of the district shall be the superintendent of all
17 district works and improvements.
18 (2)(1) May clean out, straighten, open up, widen, or
19 change the course and flow, alter or deepen any canal, ditch,
20 drain, river, watercourse, or natural stream; and concentrate,
21 divert, or divide the flow of water in or out of said
22 district; construct and maintain main and lateral ditches,
23 canals, levees, dikes, dams, sluices, revetments, reservoirs,
24 holding basins, floodways, pumping stations, and siphons, and
25 may connect same, or any of them, with any canals, drains,
26 ditches, levees, or other works that may have been heretofore,
27 or which may be hereafter constructed by the Department of
28 Environmental Protection or jurisdictional water management
29 district, and with any natural stream, lake, or watercourse in
30 or adjacent to said district.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (3)(2) May build and construct any other works and
2 improvements deemed necessary to preserve and maintain the
3 works in or out of said district; acquire, construct, operate,
4 maintain, use, sell, convey, transfer or otherwise provide for
5 pumping stations, including pumping machinery, motive
6 equipment, electric lines and all appurtenant or auxiliary
7 machines, devices or equipment.
8 (4)(3) May contract for the purchase, construction,
9 operation, maintenance, use, sale, conveyance and transfer of
10 the said pumping stations, machinery, motive equipment,
11 electric lines and appurtenant equipment, including the
12 purchase of electric power and energy for the operation of the
13 same.
14 (5)(4) May construct or enlarge, or cause to be
15 constructed or enlarged, any and all bridges that may be
16 needed in or out of said district, across any drain, ditch,
17 canal, floodway, holding basin, excavation, public highway,
18 railroad right-of-way, track, grade, fill or cut; construct
19 roadways over levees and embankments; construct any and all of
20 said works and improvements across, through or over any public
21 highway, railroad right-of-way, track, grade, fill or cut, in
22 or out of said district; remove any fence, building or other
23 improvements, in or out of said district.
24 (6)(5) Shall have the right to hold, control and
25 acquire by donation or purchase and if need be, condemn any
26 land, easement, railroad right-of-way, sluice, reservoir,
27 holding basin or franchise, in or out of said district, for
28 right-of-way, holding basin for any of the purposes herein
29 provided, or for material to be used in constructing and
30 maintaining said works and improvements for drainage,
31 protecting and reclaiming the lands in said district.
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (7)(6) May condemn or acquire, by purchase or grant,
2 for the use of the district, any land or property within or
3 without said district not acquired or condemned after the
4 initial assessment of by the court on the report of the
5 commissioners assessing benefits and damages, and shall follow
6 the procedure set out in chapter 73. Such powers to condemn or
7 acquire any land or property within or without the district
8 shall also be available for implementing requirements imposed
9 on those districts subject to s. 373.4592.
10 (8)(7) May adopt rules to implement the purposes of
11 this chapter.
12 (9)(8) May assess and collect reasonable fees for the
13 connection to and use of the works of the district.
14 (10)(9) May implement and authorize the comprehensive
15 water control activities, including flood protection, water
16 quantity management, and water quality protection and
17 improvements, described construction of only those
18 improvements outlined in the water control plan of
19 reclamation.
20 Section 9. Section 298.225, Florida Statutes, is
21 created to read:
22 298.225 Water control plan; plan development and
23 amendment.--
24 (1) Effective October 1, 1998, any plan of reclamation
25 or water management plan developed and implemented by a water
26 control district created pursuant to this chapter shall be
27 referred to as a "water control plan."
28 (2) By October 1, 1999, the board of supervisors of
29 each water control district must develop or revise the
30 district's water control plan to reflect the minimum
31 requirements set forth in subsection (3). The water control
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 plan or plan amendment must be consistent with those portions
2 of the district water management plan of the jurisdictional
3 water management district that have been implemented by rule,
4 including, but not limited to, any new facilities and
5 modifications to existing facilities described in the water
6 control plan or plan amendment. By October 1, 2001, all
7 surface water management systems, facilities, works, and
8 improvements described in the water control plan must be
9 permitted by the jurisdictional water management district
10 under chapter 373.
11 (3) Each water control plan must contain, at a
12 minimum:
13 (a) Narrative descriptions of the statutory and
14 special act responsibilities and powers of the water control
15 district.
16 (b) A map delineating the legal boundary of the water
17 control district and identifying any subdistricts or units
18 within the district.
19 (c) Narrative descriptions of land use within the
20 district and all existing district facilities and their
21 purpose and function, and a map depicting their locations.
22 (d) Engineering drawings and narrative sufficient to
23 describe each facility's capacity for the management and
24 storage of surface waters and potable water supply, if
25 applicable.
26 (e) A description of any environmental or water
27 quality program that the water control district has
28 implemented or plans to implement.
29 (f) A map and narrative description of any area
30 outside the water control district's legal boundary for which
31 the district provides services.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (g) Detailed descriptions of facilities and services
2 that the water control district plans to provide within 5
3 years.
4 (h) A description of the administrative structure of
5 the water control district.
6 (i) Copies of any agreements between the water control
7 district and other governmental entities.
8 (j) The engineer's report prepared for plan adoption
9 or revision.
10 (k) The water control district's budget and revenue
11 sources for the current year.
12 (l) A description of all surface water management
13 systems, facilities, works, and improvements not permitted by
14 the jurisdictional water management district under chapter
15 373, and a schedule for obtaining such permits as required by
16 subsection (2).
17 (4) The board of supervisors must review the water
18 control plan at least every 5 years following its initial
19 development and adoption and, to the extent necessary, amend
20 the plan in accordance with ss. 298.301-298.317.
21 Section 10. Section 298.23, Florida Statutes, is
22 amended to read:
23 298.23 Supervisors authorized to take land for
24 rights-of-way, etc.; payment.--The board of supervisors of a
25 district organized under this chapter shall not have the right
26 to enter upon, or appropriate, any land for rights-of-way,
27 holding basins or other works of the district, until the
28 prices awarded to the owners of such land shall have been paid
29 to such owners, or into the hands of the clerks of the circuit
30 courts of the county or counties within which the respective
31 lands are located organizing such district for the use of such
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 owners; and if the sums awarded be not so paid within 5 years
2 from the date of filing the engineer's commissioner's reports,
3 all proceedings as to the taking of such property for
4 rights-of-way, holding basins and other works, not so paid
5 for, shall abate at the cost of said district. Whenever any
6 land is acquired by any district under the provisions of this
7 chapter and the price of such property has been paid the owner
8 by the district, the title, use, possession and enjoyment of
9 such property shall pass from the owner and be vested in the
10 district, and subject to its use, profit, employment and final
11 disposition. The price awarded for all lands acquired by any
12 district for rights-of-way, holding basins, or other works,
13 and the amount of damage assessed by the board of supervisors
14 commissioners and confirmed by the court to any tract or
15 parcel of land or other property in the district, shall be
16 paid in cash to the owner thereof or to the clerk of the court
17 for the use of such owner, and that portion of any tract or
18 parcel of land not taken for use of the district shall be
19 assessed for the benefits accruing in accordance with the
20 provisions in this chapter.
21 Section 11. Section 298.24, Florida Statutes, is
22 amended to read:
23 298.24 Bridge construction.--All bridges contemplated
24 by this chapter and all enlargements of bridges already in
25 existence shall be built and enlarged according to and in
26 compliance with the plans, specifications and orders made or
27 approved by the chief engineer of the district. If any such
28 bridge shall belong to any corporation, or be needed over a
29 public highway or right-of-way of any corporation, the
30 secretary of said board of supervisors shall give such
31 corporation notice by delivering to its agent or officer, in
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 any county wherein said district is situate, a copy of the
2 order of the board of supervisors of said district declaring
3 the necessity for the construction or enlargement of said
4 bridge. A failure to construct or enlarge such bridge, within
5 the time specified in such order, shall be taken as a refusal
6 to do said work by said corporation, and thereupon the said
7 board of supervisors shall proceed to let the work of
8 constructing or enlarging the same at the expense of the
9 corporation for the cost thereof, which costs shall be
10 collected by said board of supervisors from said corporation,
11 by suit therefor, if necessary. But before said board of
12 supervisors shall let such work, it shall give some agent or
13 officer of said corporation, authorized by the laws of this
14 state to accept service of summons, or upon whom service of
15 summons for said corporation might be made, at least 20 days'
16 actual notice of the time and place of letting such work. Any
17 owner of land, within or without the district, may, at the
18 owner's expense, and in compliance with the terms and
19 provisions of this chapter, construct a bridge across any
20 drain, ditch, canal, or excavation in or out of said district.
21 Each district shall have full authority to construct and
22 maintain any ditch or lateral provided in its water control
23 plan, "plan of reclamation," across any of the public highways
24 of this state, without proceedings for the condemnation of the
25 same, or being liable for damages therefor. Within 10 days
26 after a dredge boat or any other excavating machine shall have
27 completed a ditch across any public highway, a bridge shall be
28 constructed and maintained over such drainage ditch where the
29 same crosses such highway; provided, however, the word
30 corporation as used in this section shall not apply to
31 counties.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 Section 12. Section 298.25, Florida Statutes, is
2 amended to read:
3 298.25 Type of bridges over drains in large
4 counties.--Whenever any district cuts or digs a drain, canal
5 or ditch across any public highway, in counties having a
6 population of not less than 130,000, according to the last
7 preceding state census, the style, type and character of such
8 bridge shall be determined by the engineer of the county and
9 the chief engineer of the district, and approved by a majority
10 of the board of county commissioners as soon as the plan of
11 reclamation, locating such canals, drains or ditches, is filed
12 in the office of the clerk of the circuit court of the county
13 or counties in which the lands within the district are
14 located; and the cost of the same, as estimated by the chief
15 engineer of the district, shall be included by the
16 commissioners of the district board of supervisors in the
17 assessment for the construction of the water control plan of
18 reclamation.
19 Section 13. Section 298.26, Florida Statutes, is
20 amended to read:
21 298.26 Chief engineer to make annual reports to
22 supervisors; approval of reports; water control management
23 plan.--The chief engineer shall make a report in writing to
24 the board of supervisors once every 12 months or as directed
25 by the board and oftener, if said board shall so require. The
26 report shall describe the progress made and the activities
27 undertaken in furtherance of the water control plan, and may
28 include suggestions and recommendations to the board as the
29 chief engineer deems appropriate. Upon receipt of the final
30 report of said engineer concerning the surveys made of the
31 lands contained in the district organized and the lands
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 adjacent thereto and for reclaiming the same, the board of
2 supervisors shall adopt such report, or any modification
3 thereof approved by the chief engineer, after consulting with
4 him or her or someone representing the chief engineer.
5 Thereafter such adopted report shall be the plan for draining
6 or reclaiming such lands from overflow or damage by water, and
7 it shall, after such adoption, be part of known and designated
8 as the water control management plan., which plan shall be
9 filed with the secretary of the board of supervisors and
10 copied by the secretary into the records of the district. A
11 copy of all such annual reports and the water management plan
12 shall be filed with the Department of Environmental
13 Protection. At least once each 5 years the department shall
14 review the water management plan and propose such
15 modifications as it may deem proper.
16 Section 14. Section 298.28, Florida Statutes, is
17 amended to read:
18 298.28 Watercourses to be connected with drainage of
19 district; connecting drains after completion of plan of
20 drainage.--At the time of the construction, in any district
21 incorporated under this chapter, of the water control plan
22 "the plan of reclamation", all canals, ditches or systems of
23 drainage already constructed in said district and all
24 watercourses shall, if necessary to the drainage of any lands
25 in said district, be connected with and made a part of the
26 works and improvements of the plan of drainage of said
27 district, but no canals, ditches, drains, or systems of
28 drainage constructed in said district, after the completion of
29 the aforesaid plan of drainage of said district, shall be
30 connected therewith, unless the consent of the board of
31 supervisors shall be first had and obtained; which consent
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 shall be in writing and shall particularly describe the
2 method, terms and conditions of such connection, and shall be
3 approved by the chief engineer. Said connection, if made,
4 shall be in strict accord with the method, terms, and
5 conditions laid down in said consent. If the landowners
6 wishing to make such connection are refused by the board of
7 supervisors, or decline to accept the consent granted, the
8 said landowners may file a petition for such connection in the
9 circuit court having jurisdiction in said district, and the
10 matter in dispute shall in a summary manner be decided by said
11 court, which decision shall be final and binding on the
12 district and landowners. No connection with the works or
13 improvements of said plan of drainage of said district, or
14 with any canal, ditch, drain or artificial drainage, wholly
15 within said district, shall be made, caused or affected by any
16 landowners, company or corporation, municipal or private, by
17 means of, or with, any ditch, drain, cut, fill, roadbed,
18 levee, embankment or artificial drainage, wholly without the
19 limits of said district, unless such connection is consented
20 to by the board of supervisors, or in the manner provided for
21 in this chapter.
22 Section 15. Section 298.301, Florida Statutes, is
23 created to read:
24 298.301 Initiation of district water control plan
25 adoption process; plan amendment process; form of notice;
26 objections.--
27 (1) District infrastructure and works shall be
28 implemented pursuant to an adopted water control plan. In the
29 execution of the powers and authorities granted in this
30 chapter, the district's action shall be consistent with any
31 adopted local government comprehensive plan within which the
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 lands of the district are located. The board of supervisors
2 may, by resolution at a regularly scheduled meeting, consider
3 the adoption of a district water control plan or plan
4 amendment. Notice, hearing, and final adoption of any proposed
5 water control plan or plan amendment must comply with the
6 provisions of this chapter. Lands may only be added to or
7 deleted from a district by legislative modification of the
8 special act that created the district or by amendment of the
9 county ordinance that created the district.
10 (2) As soon as a resolution proposing the adoption or
11 amendment of the district's water control plan has been filed
12 with the district secretary, the board of supervisors shall
13 give notice by causing publication to be made once a week for
14 3 consecutive weeks in a newspaper of general circulation
15 published in each county in which lands and other property
16 described in the resolution are situated. The notice shall be
17 in substantially the following form:
18
19 Notice of Hearing
20
21 To the owners and all persons interested in the lands
22 corporate and other property in and adjacent to the [name of
23 district] District:
24 You, and each of you, are hereby notified that the
25 [name of district] District has filed in the office of the
26 secretary of the district a resolution to consider adoption of
27 a water control plan or an amendment to the current water
28 control plan to provide [here insert a summary of the proposed
29 water control plan or plan amendment]. At its regularly
30 scheduled meeting of [date and time], the board of supervisors
31 will direct the district engineer to prepare and file a report
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 with the secretary of the district that identifies and
2 appraises property to be taken, assesses benefits and damages,
3 and estimates the cost of improvements in accordance with s.
4 298.309. Objections to the resolution and engineer's report
5 must be filed with the secretary of the district within 20
6 days after the engineer's report is filed with the secretary
7 of the district or within 20 days after the last published
8 notice of the filing of the engineer's report, whichever is
9 later. The final hearing to approve the engineer's report
10 shall be noticed as prescribed by law and held at a regularly
11 scheduled meeting of the board of supervisors within 45 days
12 after the engineer's report is filed with the secretary of the
13 district.
14
15 Date of first publication: ........, 19....
16 Signed: (Chairman, Board of Supervisors)
17 ............ County, Florida
18
19 (3) In addition to the publication of notice, a copy
20 of the resolution shall be served by first class mail on the
21 owner of land within the district, on the jurisdictional water
22 management district, and on the board of county commissioners
23 of each county and the governing body of each municipality in
24 which the district lands are situated.
25 (4) Any owner of lands located within the district,
26 the jurisdictional water management district, or the board of
27 county commissioners of each county and the governing body of
28 each municipality in which district lands are situated shall
29 have the right to file an objection to the engineer's report
30 and adoption of the proposed water control plan or plan
31 amendment within the time allowed by law.
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 Section 16. Section 298.305, Florida Statutes, is
2 created to read:
3 298.305 Assessment of lands for rights-of-way,
4 etc.--Upon adoption of the resolution to consider the adoption
5 of the water control plan or plan amendment, the board of
6 supervisors shall direct the district engineer to identify and
7 appraise the lands within and outside such district to be
8 acquired for rights-of-way and other works of the district and
9 to assess benefits and damages accruing to all lands in the
10 district by reason of the execution of the water control plan
11 or plan amendment.
12 Section 17. Section 298.309, Florida Statutes, is
13 created to read:
14 298.309 Proceedings of engineer; duties of district
15 attorney; assessment; change of water control plan; property
16 assessable; compensation; assessment of lands outside
17 district.--
18 (1) Upon adoption of the resolution to consider the
19 adoption of the water control plan or plan amendment by the
20 board of supervisors and at the direction of the board, the
21 district engineer shall begin his or her duties and may at any
22 time call upon the attorney of the district for legal advice
23 and information relative to those duties. The engineer shall
24 proceed to view the premises and determine the value of all
25 lands, within or outside the district, to be acquired by
26 purchase or condemnation and used for rights-of-way or other
27 works of the district set out in the proposed water control
28 plan or plan amendment. The engineer shall assess the amount
29 of benefits, and the amount of damages also, if any, that will
30 accrue to each subdivision of land, according to ownership,
31 from the implementation of the proposed water control plan or
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 plan amendment. The engineer shall assess only those benefits
2 that will be derived from construction of the works and
3 improvements set out in the proposed water control plan or
4 plan amendment. The engineer shall have no power to change the
5 proposed water control plan or plan amendment without approval
6 by the board of supervisors.
7 (2) The engineer shall prepare a report, arranged in
8 tabular form, the columns of which shall be headed as follows:
9 column one, "owner of property assessed"; column two,
10 "description of property assessed"; column three, "number of
11 acres assessed"; column four, "amount annual assessment
12 assessed"; column five, "county property appraiser's
13 valuation"; column six, "number of acres to be taken for
14 rights-of-way, district works, etc."; column seven, "value of
15 property to be taken"; column eight, "estimated increase in
16 property value from improvement." The engineer shall also, by
17 and with the advice of other employees of the district,
18 estimate and tabulate the cost of the works set out in the
19 water control plan or plan amendment, which estimate shall
20 include the cost of property required for rights-of-way and
21 other works, damages, and the probable expense of district
22 organization and administration as estimated by the board of
23 supervisors. If the county property appraiser's total
24 valuation of the assessed property or the engineer's estimate
25 of increased property value exceeds the total amount of
26 assessments, benefits shall be deemed to exceed damages. A
27 maintenance assessment recommendation shall also be included
28 in the engineer's report and considered by the board, but the
29 maintenance assessment shall not be considered as part of the
30 costs of installation or construction specified by the water
31 control plan or plan amendment in determining whether benefits
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 exceed damages. The report shall be signed by the engineer and
2 filed in the office of the secretary of the district. The
3 secretary of the district, or an appropriate designee, shall,
4 under the advice, supervision, and direction of the district
5 attorney and district engineer, assist in preparation of the
6 report.
7 Section 18. Section 298.313, Florida Statutes, is
8 created to read:
9 298.313 Form of notice upon filing of engineer's
10 report; publication of notice.--
11 (1) Upon the filing of the engineer's report, the
12 board of supervisors shall give notice of such report by
13 causing publication, together with a geographic depiction of
14 the district, to be made once a week for 2 consecutive weeks
15 in a newspaper of general circulation in each county in the
16 district. The last publication shall be made at least 20 days
17 before a return date, to be named in such notice, by which
18 objections may be filed. It shall not be necessary to name the
19 parties interested, but it shall be sufficient to say:
20
21 Notice of Filing Engineer's Report
22 for [insert name of district] District
23
24 Notice is hereby given to all persons interested in the
25 following described land and property in ............ County
26 (or Counties), in the State of Florida, viz.: [Here describe
27 land and property] included within the district, that the
28 report of the engineer hereto appointed to assess benefits and
29 damages to the property and lands situated in said district
30 and to appraise the cash value of the land necessary to be
31 taken for rights-of-way and other works of the district,
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 within or outside the limits of said district, was filed in
2 the office of the secretary of the district, located in [name
3 of county] County, Florida, on the ........ day of ........,
4 19...., and you and each of you are hereby notified that you
5 may examine the report and file objection to all, or any part
6 thereof,
7 on or before ........, 19..... The report recommends [here
8 describe the assessment schedule]. If approved, the
9 assessments will be collected by the county tax collector. A
10 hearing to consider approval of the report shall be held
11 [time, place, and date at least 30 days following final
12 notice].
13
14 Date of first publication: ........, 19....
15 Signed: (Chairman, Board of Supervisors)
16 ............ County, Florida
17
18 (2) A copy of the notice as published shall be served
19 by first class mail on each person owning land within the
20 district, as shown on the current county tax roll, together
21 with a copy of the portion of the engineer's report that
22 contains the specific assessment of benefits and damages
23 accruing to that landowner's property. A copy of the notice
24 shall be served by first class mail on the jurisdictional
25 water management district, and on the board of county
26 commissioners of each county and the governing body of each
27 municipality within which the district lands are situated,
28 together with written notice that a copy of the complete
29 engineer's report is available for inspection at the office of
30 the district secretary.
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 Section 19. Section 298.317, Florida Statutes, is
2 created to read:
3 298.317 Objections to engineer's report; hearing and
4 approval by board; consistency review; consistency
5 determination process; adoption of water control plan or plan
6 amendment, etc.--
7 (1) A district landowner, the jurisdictional water
8 management district, and the board of county commissioners of
9 a county or the governing body of a municipality within which
10 district lands are located may file objections to any part or
11 all of the engineer's report within the time specified by law.
12 (2) All objections shall be heard and determined by
13 the district board of supervisors in a public hearing on the
14 date and time set forth in the "Notice of Filing Engineer's
15 Report." If it is shown, upon hearing all objections, that
16 the estimated cost of construction of improvements
17 contemplated in the water control plan or plan amendment is
18 less than the benefits assessed against the lands in the
19 district, the board of supervisors shall approve and confirm
20 the engineer's report. However, if the board finds that any or
21 all of the objections should be sustained, the board shall
22 order the engineer's report changed to conform with the
23 board's findings and, when so changed, the board of
24 supervisors shall approve and confirm the revised engineer's
25 report. Upon approval, the engineer's report shall be
26 incorporated in the proposed water control plan or plan
27 amendment.
28 (3) Prior to the final adoption of the water control
29 plan or plan amendment, the board of supervisors must submit
30 the plan or plan amendment to the board of county
31 commissioners of each county and the governing body of each
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 municipality within which district lands are located for
2 review.
3 (a) Within 60 days after receipt of the water control
4 plan, the governing body of each county or municipality may
5 review the plan for consistency with their local government
6 comprehensive plan prepared pursuant to part II of chapter
7 163, and may recommend to the board of supervisors any
8 proposed changes. Each governing body of a county or
9 municipality also shall submit its recommendations to the
10 jurisdictional water management district conducting the
11 consistency review required by s. 298.225(2). If a governing
12 body of a county or municipality determines the plan is
13 incomplete, the governing body of the county or municipality
14 shall notify the water control district and request additional
15 information. Upon such request, the deadline for review may be
16 extended as agreed by the water control district and the
17 governing body of the county or municipality. Within 60 days
18 after receipt of a general-purpose local government's
19 recommended changes, the board of supervisors shall include
20 the recommendations in the water control plan or plan
21 amendment to the extent practicable. If the recommendations
22 are not incorporated, the board of supervisors shall specify
23 its reasons in the water control plan or plan amendment
24 adopted. A copy of the water control plan must be filed with
25 the board of county commissioners of each county and the
26 governing body of each municipality within which district
27 lands are located.
28 (b) In conducting the consistency review, each
29 governing body of a county or municipality may evaluate the
30 services provided by the water control district to determine
31 if the delivery of such services by the water control district
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 is the most effective and efficient method to deliver such
2 services. If a governing body of a county or municipality
3 determines the delivery of such services by an independent
4 water control district is not the most effective and efficient
5 method to deliver such services, it shall recommend to the
6 Speaker of the House of Representatives and the President of
7 the Senate the dissolution of the district or other actions
8 necessary to effectuate the most efficient and effective
9 delivery of services.
10 (4) Prior to final adoption of the water control plan
11 or plan amendment, the board of supervisors must submit the
12 plan or plan amendment to the jurisdictional water management
13 district for the consistency determination required by s.
14 298.225(2).
15 (a) Within 60 days after receipt of the water control
16 plan or plan amendment, the governing board of the
17 jurisdictional water management district must review the plan
18 for consistency with those portions of the district water
19 management plan that have been implemented by rule and
20 recommend to the board of supervisors any necessary changes.
21 If the governing board of the jurisdictional water management
22 district determines the plan is incomplete, it may notify the
23 water control district and request additional information.
24 Upon such request, the deadline for review may be extended as
25 agreed by the water control district and the jurisdictional
26 water management district.
27 (b) Upon receipt of the governing board's recommended
28 changes, the board of supervisors shall give notice of the
29 final hearing during which the water control plan or plan
30 amendment will be adopted. The notice shall be published once
31 a week for 2 consecutive weeks in a newspaper of general
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 circulation in each county in which district lands are
2 located, and the adoption hearing must be held within 21 days
3 after the final publication. A copy of the notice as
4 published shall be served by first class mail on each person
5 owning land within the district, as shown on the current
6 county tax roll, on the jurisdictional water management
7 district, and on the board of county commissioners of each
8 county and the governing body of each municipality within
9 which district lands are situated.
10 (c) At the adoption hearing, the board of supervisors
11 shall adopt the water control plan or plan amendment, which
12 shall be filed immediately with the secretary of the board of
13 supervisors and copied into the records of the water control
14 district. Upon filing, the secretary shall transmit a copy of
15 the adopted water control plan or plan amendment to the
16 jurisdictional water management district and to the board of
17 county commissioners of each county and the governing body of
18 each municipality within which district lands are situated.
19 Within 45 days after receipt of the adopted plan or plan
20 amendment, the governing board must issue a written
21 determination that the water control plan or plan amendment is
22 consistent or inconsistent with those portions of the district
23 water management plan that have been implemented by rule. If
24 the governing board issues an inconsistency determination, the
25 board of supervisors must either proceed to amend the water
26 control plan to incorporate the changes recommended by the
27 governing board or file with the jurisdictional water
28 management district a petition for an administrative hearing
29 under s. 120.57. In that proceeding, the water control
30 district's determination that the water control plan or plan
31 amendment is consistent with those portions of the district
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 water management plan that have been implemented by rule is
2 presumed to be correct and shall be sustained, unless it is
3 shown by a preponderance of the evidence that the water
4 control plan or plan amendment is not consistent.
5 (d) The hearing shall be conducted by an
6 administrative law judge of the Division of Administrative
7 Hearings of the Department of Management Services, who shall
8 hold the hearing in the county of and convenient to the
9 affected water control district and submit a recommended order
10 to the Florida Land and Water Adjudicatory Commission. The
11 commission shall allow 10 days for the filing of exceptions to
12 the recommended order and shall issue a final order within 30
13 days after receipt of the recommended order; a copy of the
14 commission's final order shall be filed with the water control
15 plan or plan amendment in the records of the water control
16 district. If the commission determines that the water control
17 plan or plan amendment is not consistent with those portions
18 of the district water management plan that have been
19 implemented by rule, the commission shall specify in the final
20 order the remedial actions to be undertaken by the board of
21 supervisors to make the water control plan or plan amendment
22 consistent.
23 (e) Prior to the administrative hearing, the
24 jurisdictional water management district shall afford an
25 opportunity to mediate or otherwise resolve the consistency
26 dispute. If a party to the proceeding requests mediation or
27 other alternative dispute resolution, the hearing may not be
28 held until the jurisdictional water management district
29 advises the administrative law judge in writing of the results
30 of the mediation or other alternative dispute resolution. The
31 costs of the mediation or other alternative dispute resolution
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 shall be borne equally by all of the parties to the
2 proceeding.
3 (f) If the board of supervisors fails to implement the
4 remedial actions specified by the Florida Land and Water
5 Adjudicatory Commission to make the water control plan or plan
6 amendment consistent with those portions of the district water
7 management plan that have been implemented by rule, and the
8 jurisdictional water management district determines that such
9 failure is the result of the volitional refusal of the members
10 of the board of supervisors, it shall seek an injunction or
11 writ of mandamus from the circuit court to compel compliance.
12 (5) Any party affected by the adopted water control
13 plan or plan amendment may challenge the decision of the board
14 in the manner and within the time limitations provided by the
15 Florida Rules of Civil and Appellate Procedure. If it is
16 determined that any tract or lot of land, or any part of such
17 tract or lot of land, upon which a non-ad valorem assessment
18 is authorized and levied will not be benefited by or receive
19 any benefit from the completion of the improvements or will be
20 burdened disproportionately to other similarly benefited
21 landowners, the non-ad valorem assessment shall not be levied
22 against that land.
23 Section 20. Section 298.321, Florida Statutes, is
24 created to read:
25 298.321 Condemnation proceedings.--When any land or
26 other property is shown by the engineer's report to be needed
27 for rights-of-way or other works, the board may institute
28 proceedings pursuant to chapter 73 or chapter 74 in the
29 circuit court of the proper county to condemn the lands and
30 other property that must be taken or damaged in the making of
31 improvements, with the right and privilege of paying into the
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 court registry a sum to be fixed by the circuit court judge
2 and proceeding with the work, before final assessment by the
3 jury.
4 Section 21. Section 298.325, Florida Statutes, is
5 created to read:
6 298.325 Assessing land for development; apportionment
7 of assessment.--
8 (1) After the engineer's report has been approved by
9 the board of supervisors, the water control plan or plan
10 amendment has been adopted by resolution of the board, and the
11 lists of lands and benefits assessed have been filed in the
12 office of the district secretary, the board of supervisors
13 shall levy a non-ad valorem assessment on all lands in the
14 district to which benefits have been assessed to pay the costs
15 of completing the proposed works and improvements described in
16 the water control plan, plus an additional 10 percent of such
17 total amount for contingencies. The assessment shall be
18 apportioned to, and levied on, each assessable tract of land
19 in the district. Under s. 298.54, the board of supervisors may
20 also levy a maintenance assessment on all lands in the
21 district to which benefits have been assessed, as necessary to
22 operate and maintain the district works and activities. A
23 maintenance assessment recommendation shall be included in
24 each engineer's report considered by the board.
25 (2) The board of supervisors may decide to issue bonds
26 in accordance with s. 298.47 to pay the cost of the works and
27 improvements described in the water control plan. Upon such
28 determination, the board of supervisors shall levy a tax in a
29 sum not less than an amount, 90 percent of which shall be
30 equal to the principal of said bonds. In no event shall the
31 total amount of all bonds to be issued by the district exceed
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 90 percent of the benefits assessed upon the lands of the
2 district. Bonds issued under this section shall draw interest
3 at a rate provided by general law and shall be made payable at
4 such time and place as the board of supervisors may determine.
5 The amount of the interest that will accrue on the bonds, as
6 estimated by the board of supervisors, shall be included and
7 added to the tax, but the interest to accrue on the bonds
8 shall not be included as part of the cost of construction in
9 determining whether or not the expenses and costs of making
10 the improvements shown in the water control plan are equal to,
11 or in excess of, the benefits assessed.
12 (3) The benefits accruing to all lands in the district
13 belonging to the state shall be assessed to, and the taxes on
14 such land shall be paid by, the state out of funds on hand, or
15 which may hereafter be obtained, derived from the sale of
16 lands belonging to the state. This provision applies to all
17 taxes in any district, including maintenance and ad valorem
18 taxes levied under this or any other law, and to taxes
19 assessed for preliminary work and expenses, as provided in s.
20 298.349.
21 (4) As soon as the total tax is levied, the secretary
22 of the district shall prepare a list of all taxes levied in
23 the form of a well-bound book, which shall be endorsed and
24 named "DRAINAGE TAX RECORD OF WATER CONTROL
25 DISTRICT, COUNTY, FLORIDA," which endorsement
26 shall be printed or written at the top of each page in the
27 book. The list of taxes contained in the book shall be
28 prepared at the expense of the district, signed and certified
29 by the president and secretary of the board of supervisors,
30 and attested by the seal of the district. Thereafter, the book
31
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 shall become a permanent record in the office of the district
2 secretary.
3 Section 22. Section 298.329, Florida Statutes, is
4 created to read:
5 298.329 Works insufficient; supervisors' power to make
6 new or amended plan; additional levy; issuance of bonds;
7 procedure.--
8 (1) If the works set out in the district water control
9 plan are found insufficient to develop, in whole or in part,
10 any or all of the lands of the district, the board of
11 supervisors shall have the right to formulate a new or amended
12 water control plan containing new or modified public
13 infrastructure or other works authorized by s. 298.22, and
14 additional assessments may be made in conformity with s.
15 298.325, in proportion to the increased benefits accruing to
16 the lands because of the additional works.
17 (2) If the board of supervisors determines, at any
18 time, that the amount of total assessments levied under this
19 chapter, or that the funds derived from the sale of bonds, are
20 insufficient to pay the cost of works set out in the water
21 control plan, the board of supervisors may make an additional
22 levy to provide funds to complete the works and, in addition
23 to such levy, up to 10 percent of the total amount for
24 contingencies. If, in the judgment of the board, it seems
25 best, the board may issue bonds to finance the increased cost
26 of completing the works described in the water control plan,
27 provided the principal amount of the additional bonds and the
28 principal amount of any bonds previously issued to finance the
29 works shall not, in the aggregate, exceed 90 percent of the
30 benefits assessed.
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (3) If the board of supervisors should determine, at
2 any time, that the water control plan requires modification
3 and that the amount of the total assessments levied under the
4 provisions of this chapter, or that the funds derived from the
5 sale of bonds, are not sufficient to carry out the water
6 control plan with the proposed modification, the board of
7 supervisors may initiate plan amendment proceedings.
8 (4) After the engineer's report has been approved and
9 the resolution amending the water control plan adopted by the
10 board of supervisors, the board shall have the power to levy a
11 non-ad valorem assessment on all lands in the district to
12 which benefits have been assessed to pay the increased cost of
13 completing the works and improvements described in the water
14 control plan, as amended. The assessment may include the cost
15 of maintaining and operating the facilities and all incidental
16 expenses in connection with such operation, plus an additional
17 10 percent of such total amount for contingencies. The
18 additional assessments authorized to be levied under this
19 section shall be levied and collected in the same manner as
20 the original assessments.
21 (5) The issuance of bonds under this section shall
22 comply with s. 298.47. Any additional tax authorized to be
23 levied for completion of the works and improvements described
24 in the water control plan shall be apportioned to, and levied
25 upon, each tract of land in such district in proportion to the
26 benefits assessed against it and not in excess of such
27 proportion, and if bonds are issued as provided in this
28 section, the amount of the interest that will accrue on the
29 bonds, as estimated by the board of supervisors, shall be
30 included and added to the additional levy. The interest to
31 accrue on the bonds shall not be included as part of the cost
40
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 of construction in determining whether or not the expenses and
2 costs of making the improvements shown in the water control
3 plan are equal to, or in excess of, the benefits assessed.
4 Section 23. Section 298.333, Florida Statutes, is
5 created to read:
6 298.333 Assessments and costs a lien on land against
7 which levied.--All non-ad valorem assessments provided for in
8 this chapter, together with all penalties for default in
9 payment of such assessments and all costs in collecting such
10 assessments, shall, from the date of such assessment until
11 paid, constitute a lien of equal dignity with the liens for
12 county taxes, and other taxes of equal dignity with county
13 taxes, upon all the lands against which such assessments shall
14 be levied, assessed, and collected pursuant to s. 197.3632.
15 Section 24. Section 298.337, Florida Statutes, is
16 created to read:
17 298.337 Levies of assessments on land less than 1
18 acre.--In levying assessments based upon acreage, each tract
19 or parcel of land less than 1 acre shall be assessed as a full
20 acre.
21 Section 25. Section 298.341, Florida Statutes, is
22 created to read:
23 298.341 Delinquent assessments; penalty.--All non-ad
24 valorem assessments provided for in this chapter shall be, and
25 shall become, delinquent and bear penalties on the amount of
26 such assessments in the same manner as county taxes. The
27 assessments shall be a lien until paid on the property against
28 which assessed and enforceable in the same manner as county
29 taxes.
30 Section 26. Section 298.345, Florida Statutes, is
31 created to read:
41
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 298.345 Enforcement of non-ad valorem
2 assessments.--The collection and enforcement of all non-ad
3 valorem assessments levied by the district shall be at the
4 same time and in the same manner as county taxes, and
5 provisions of law relating to sale of lands for unpaid and
6 delinquent county taxes, issuance, sale, and delivery of tax
7 certificates for such unpaid and delinquent county taxes,
8 redemption of such certificates, issuance to individuals of
9 tax deeds based on such certificates, and all other procedures
10 in connection with such provisions of law shall apply to the
11 district and to the delinquent and unpaid assessments of the
12 district to the same extent as if such provisions of law were
13 expressly set forth in this chapter. All non-ad valorem
14 assessments shall be subject to the same discounts as county
15 taxes.
16 Section 27. Section 298.349, Florida Statutes, is
17 created to read:
18 298.349 Uniform initial acreage assessment for payment
19 of expenses.--There is hereby levied upon each and every acre
20 of land within a water control district created on or after
21 July 1, 1997, a uniform initial assessment of $50 per acre for
22 the year in which the district is created, to be used by the
23 district, through its board of supervisors, for the purpose of
24 district administration, paying expenses incurred or to be
25 incurred in making surveys of the lands in the district,
26 assessing benefits and damages, and other expenses necessarily
27 incurred, as may be estimated or determined by the board of
28 supervisors, before the board collects or receives funds under
29 the remaining provisions of this chapter. The assessment shall
30 be a lien upon the lands in the district from the effective
31 date of the special act creating the district and shall be
42
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 collected by the district. If the board of supervisors
2 determines that it is necessary to obtain funds to pay any
3 expenses incurred or to be incurred in organizing the
4 district, or any other expenses relating to the conduct and
5 operation of the district, before a sufficient sum can be
6 obtained by collecting the acreage assessment levied by this
7 section, the board may borrow a sufficient sum of money for
8 any of such purposes, may issue notes or bonds for such
9 amounts, and may pledge any and all assessments of such
10 initial acreage assessment levied under this section for the
11 repayment of such loans or bonds. The board of supervisors may
12 issue notes or bonds to any person or persons performing work
13 or services or furnishing anything of value in the
14 organization of the district and for any other expenses
15 necessarily incurred before the receipt of funds arising from
16 assessments or benefits.
17 Section 28. Section 298.353, Florida Statutes, is
18 created to read:
19 298.353 Unit development; powers of board of
20 supervisors to designate units of district; financing
21 assessments for each unit.--The board of supervisors of the
22 district shall have the power and is hereby authorized in its
23 discretion to designate areas or parts of the district as
24 separate administrative and financial units. Units shall be
25 created or modified as a part of and through the adoption of a
26 water control plan or plan amendment as provided in this
27 chapter. The units into which the district may be divided
28 shall be given appropriate numbers or names by the board of
29 supervisors so that the units may be readily identified and
30 distinguished. The board shall have the power to fix and
31 determine the location, area, and boundaries of the lands to
43
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 be included in each unit, the type and amount of work required
2 in the unit and the order of development, and the method of
3 carrying on the work in each unit. The unit system provided by
4 this section may be conducted, and all the proceedings by this
5 section and this chapter authorized in respect to such unit or
6 units may be carried on and conducted, at any time the board
7 of supervisors in its discretion determines to be appropriate.
8 If the board determines it is advisable to implement the
9 district infrastructure and service plans by units, as
10 authorized by this section, the board shall, by resolution
11 adopted and entered upon the board's minutes, declare the
12 board's purpose to conduct the work accordingly and shall
13 proceed through the water control plan adoption or amendment
14 process described in ss. 298.301-298.317 to fix the number,
15 location, boundaries, and description of lands within each
16 unit or units and give them appropriate numbers or names. All
17 provisions of this chapter shall apply within all units and
18 the enumeration of or reference in this section to specific
19 powers or duties of the board of supervisors shall not limit
20 or restrict the application of any and all of the proceedings
21 and powers in this chapter within all units. For water control
22 plans applicable to one or more units, but to less than the
23 entire district, the notices to district landowners required
24 under ss. 298.301, 298.313, and 298.317 need be provided only
25 to owners of lands within the affected unit or units and
26 immediately contiguous properties within the district. All
27 assessments, levies, taxes, bonds, and other obligations made,
28 levied, assessed, or issued for or in respect to any unit or
29 units shall be a lien and charge solely and only upon the
30 lands in the unit or units, respectively, for the benefit of
31 which such assessments, levies, taxes, bonds, or other
44
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 obligations shall be levied, made, or issued and not upon the
2 remaining units or lands in such district. The board of
3 supervisors may at any time amend the location and description
4 of lands in any unit or units by proceeding in accordance with
5 this section for the original creation of the unit or units.
6 If, after the approval of the engineer's report of benefits in
7 any unit or units or the issuance of bonds or other
8 obligations which are payable from taxes or assessments for
9 benefits levied upon lands within any unit or units, the board
10 of supervisors finds that the infrastructure or service plan
11 for the unit or units is insufficient or inadequate for
12 efficient development, the plan may be amended or changed and
13 the unit or units may be amended or changed as provided in
14 this section, by changing the location and description of
15 lands in the unit or units, by detaching lands from such unit
16 or units, or by adding lands to such unit or units pursuant to
17 this chapter, provided no change or amendment to a designated
18 unit shall be authorized which has the effect of impairing a
19 debt or other obligation of the unit or the district.
20 Section 29. Section 298.357, Florida Statutes, is
21 created to read:
22 298.357 Readjustment of assessments forming basis for
23 maintenance assessment; petitions by landowners or
24 jurisdictional water management district.--
25 (1) Whenever the owners of 25 percent or more of the
26 acreage of the lands in the district shall file a petition
27 with the district board of supervisors, stating that there has
28 been a material change in the values of the property in the
29 district since the last previous assessment of benefits and
30 seeking a readjustment of the assessment of benefits for the
31 purpose of making a more equitable basis for the levy of the
45
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 maintenance assessment, the board of supervisors shall pass a
2 resolution to consider the petition at its next regularly
3 scheduled meeting. As soon as the resolution is filed with
4 the district secretary, the board of supervisors shall give
5 notice of the filing and hearing of the petition by causing
6 publication to be made once a week for 3 consecutive weeks in
7 a newspaper of general circulation published in each county in
8 which lands and other property described in the resolution are
9 situated. The notice shall be in substantially the following
10 form:
11
12 Notice of Hearing
13
14 Notice is hereby given to all persons interested in the
15 lands included within the [name of district] Water Control
16 District that a petition has been filed with the district
17 board of supervisors seeking a readjustment of the assessment
18 of benefits for the purpose of making a more equitable basis
19 for the levy of the maintenance assessment in said district,
20 and that said petition will be considered by the district
21 board of supervisors at its next regularly scheduled meeting
22 to be held on [date of meeting].
23
24 Date of first publication: ........, 19....
25 Signed: (Chairman, Board of Supervisors)
26 ............ County, Florida
27
28 (2) Upon consideration of the petition, if the
29 district board of supervisors finds that there has been a
30 material change in the values of the lands in the district
31 since the last previous assessment of benefits, the board
46
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 shall resolve that there be made a readjustment of the
2 assessment of benefits for the purpose of providing a basis
3 upon which to levy the maintenance assessment of the district.
4 The board of supervisors shall then direct the district
5 engineer to make such readjustment of assessments in the
6 manner provided in s. 298.309. The district engineer shall
7 make a report, and the same proceedings shall be convened for
8 the board of supervisors' consideration of the report as
9 provided for the assessment of benefits accruing for original
10 construction, except that in making the readjustment of the
11 assessment of benefits, the district board of supervisors
12 shall not be limited to the aggregate amount of the original
13 or any previous assessment of benefits.
14 (3) If there has been no readjustment of benefits for
15 a period of 5 years, the jurisdictional water management
16 district may file a petition seeking a readjustment of the
17 assessment of benefits with the district board of supervisors,
18 who shall notice and consider the petition in the same manner
19 as provided in this section for petitions filed by owners
20 within the district.
21 (4) Any party affected by a readjustment of the
22 assessment of benefits may challenge the decision of the
23 district board of supervisors in the manner and within the
24 time limitations provided by the Florida Rules of Civil and
25 Appellate Procedure.
26 Section 30. Section 298.361, Florida Statutes, is
27 created to read:
28 298.361 Readjustment of assessments forming basis for
29 repayment of district indebtedness and maintenance of drainage
30 system.--
31
47
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (1) Whenever the owners of 25 percent or more of the
2 acreage of the land of any district situated wholly in a
3 single county, joined by the holders of not less than 95
4 percent of the indebtedness outstanding against the district,
5 shall file a petition with the district board of supervisors,
6 stating that there has been a material change in the value of
7 the property in the district since the last previous
8 assessment of benefits, contributed to by the drainage system;
9 that a relatively large portion or portions of the district
10 have become nontaxable for the purpose of paying the
11 indebtedness of the district; that a named person,
12 corporation, or agency has purchased the obligations of the
13 district at a discount and under circumstances whereby the
14 district is expected to pay in discharge of its obligations a
15 sum greatly less than the par value of such obligations; that
16 improvements within the district made possible or practicable
17 by the drainage effected have been such as to enhance values
18 in a portion of portions thereof more than in other portions
19 of the district; and that developments in all parts of the
20 district are believed to have been retarded by the inability
21 of property owners to pay the lien of the drainage assessment;
22 and seeking a readjustment of the assessment of benefits for
23 the purpose of making a more equitable basis for the levy of
24 assessments to pay the indebtedness of the district and to
25 maintain its drainage system, the board of supervisors shall
26 pass a resolution to consider the petition at its next
27 regularly scheduled meeting.
28 (2) As soon as the resolution is filed with the
29 district secretary, the board of supervisors shall give notice
30 of the filing and hearing of the petition by causing
31 publication to be made once a week for 3 consecutive weeks in
48
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 a newspaper of general circulation published in the county in
2 which lands and other property described in the resolution are
3 situated. The notice shall be in substantially the following
4 form:
5
6 Notice of Hearing
7
8 Notice is hereby given to all persons interested in the
9 lands included within the [name of district] Water Control
10 District that a petition has been filed with the district
11 board of supervisors, seeking a readjustment of the assessment
12 of benefits for the purpose of making a more equitable basis
13 for the levy of assessments against the various pieces and
14 parcels of land in said district to pay its indebtedness and
15 maintain its drainage system, and that said petition will be
16 considered by the board of supervisors at its next regularly
17 scheduled meeting to be held on [date of meeting].
18
19 Date of first publication: ........, 19....
20 Signed: (Chairman Board of Supervisors)
21 ............ County, Florida
22
23 (3) Upon consideration of the petition, if the
24 district board of supervisors finds that there has been a
25 material change in the values of the lands in the district
26 since the last previous assessment of benefits, contributed to
27 by the drainage system, and that the other material
28 allegations of the petition required to be set forth are
29 substantially true, the board shall resolve that there be made
30 a readjustment of the assessment of benefits for the purpose
31 of providing a basis upon which to levy further and future
49
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 assessments for the payment of the obligations of, and
2 maintaining the drainage system in, the district. The board of
3 supervisors shall then direct the district engineer to make
4 such readjustment of the assessment of benefits to each parcel
5 of land which has accrued or will accrue as a result of the
6 drainage system in the manner provided in s. 298.309, and the
7 district engineer shall make a report, and the same
8 proceedings shall be convened for the board of supervisors'
9 consideration of the report as provided for the assessment of
10 benefits accruing for original construction; provided, in
11 making the readjustment of the assessment of benefits, the
12 district engineer shall not increase the existing assessment,
13 or unpaid portion thereof, on any piece or parcel of land;
14 provided, further, that after the making of such readjustment,
15 the limitation of 10 percent of the annual maintenance
16 assessment which may be levied shall apply to the amount of
17 benefits as readjusted.
18 (4) Any party affected by a readjustment of the
19 assessment of benefits may challenge the decision of the
20 district board of supervisors in the manner and within the
21 time limitations provided by the Florida Rules of Civil and
22 Appellate Procedure.
23 Section 31. Section 298.59, Florida Statutes, is
24 amended to read:
25 298.59 Supervisors authorized to obtain consent of
26 United States.--In case the water control plan of reclamation
27 of any district organized and incorporated under this chapter
28 and the improvement provided thereunder be of such nature as
29 requires the permission or consent of the Government of the
30 United States, or any department or officer of the Government
31 of the United States, the board of supervisors of the district
50
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 may obtain the required permission or consent of the
2 Government of the United States or any proper officer or
3 department thereof; and to that end the board of supervisors
4 may bind the district to comply with any conditions that may
5 be attached to such permission or consent, including the
6 giving of any bond or other obligation for the faithful
7 performance of such conditions.
8 Section 32. Subsection (6) of section 190.013, Florida
9 Statutes, is amended to read:
10 190.013 Water management and control plan.--In the
11 event that the board assumes the responsibility for providing
12 water management and control for the district as provided in
13 s. 190.012(1)(a) which is to be financed by benefit special
14 assessments, the board shall proceed to adopt water management
15 and control plans, assess for benefits, and apportion and levy
16 special assessments, as follows:
17 (6) Within 20 days after the final adoption of the
18 plan by the board, the board shall proceed pursuant to ss.
19 298.301-298.317 298.30-298.34.
20 Section 33. Section 298.365, Florida Statutes, is
21 amended to read:
22 298.365 Collection of annual installment tax;
23 lien.--Annual installment taxes levied under s. 298.325 298.36
24 shall become due and be collected during each year at the same
25 time that county taxes are due and collected, and said annual
26 installment and levy shall be evidenced to and certified by
27 the board of supervisors not later than June 1 of each year to
28 the property appraisers of counties in which lands of the
29 district are situated. Said tax shall be extended by the
30 county property appraisers on the county tax rolls and shall
31 be collected by the tax collectors in the same manner and time
51
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 as county taxes and the proceeds thereof paid to said
2 district. Said tax shall be a lien until paid on the property
3 against which assessed and enforceable in like manner as
4 county taxes.
5 Section 34. Section 298.366, Florida Statutes, is
6 amended to read:
7 298.366 Delinquent assessments taxes; penalties.--All
8 non-ad valorem assessments taxes provided for in this chapter
9 shall be and become delinquent and bear penalties on the
10 amount of said assessments taxes in the same manner as county
11 taxes.
12 Section 35. Subsections (1) and (2) of section
13 298.401, Florida Statutes, are amended to read:
14 298.401 Property appraisers and tax collectors;
15 compensation; characterization of services.--
16 (1) In any district or subdistrict whose area shall
17 extend into not more than two counties, the property
18 appraisers of each county containing lands within such
19 districts where drainage assessments taxes are assessed on the
20 county tax roll by the county property appraiser shall be paid
21 an amount equal to 1 percent of the total assessments of taxes
22 of the district, by each assessed within his or her county,
23 except errors, and 1 percent on delinquent assessments taxes
24 when redeemed. The tax collectors of each county containing
25 lands within the district shall be paid an amount equal to 1
26 percent of the total assessments of taxes of the district by
27 each collected, and 1 percent upon delinquent assessments
28 taxes when collected.
29 (2) The services of the property appraisers and tax
30 collectors in assessing and collecting such district
31 assessments taxes are hereby declared to be special services
52
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 performed directly for these districts, and any payment
2 therefor shall not be considered a part of the general income
3 of the official's office nor come under the provisions of s.
4 116.03. The personnel required to do said special work shall
5 be paid for such special services from the receipts provided
6 in subsection (1).
7 Section 36. Subsections (1) and (2) of section 298.41,
8 Florida Statutes, are amended to read:
9 298.41 Assessment Taxes and costs a lien on land
10 against which assessments taxes levied; subdistricts.--
11 (1) All drainage assessments taxes provided for in
12 this chapter, together with all penalties for default in
13 payment of the same, all costs in collecting the same,
14 including a reasonable attorney's fee fixed by the court and
15 taxed as costs in the action brought to enforce payment,
16 shall, from the date of assessment thereof until paid,
17 constitute a lien of equal dignity with the liens for state
18 and county taxes, and other taxes of equal dignity with state
19 and county taxes, upon all the lands against which such
20 assessments taxes shall be levied as is provided in this
21 chapter.
22 (2) If any district, organized or established under
23 the provisions of this chapter, shall be within the boundaries
24 of a district theretofore established under the laws of this
25 state, the district last organized and established shall be
26 designated as a subdistrict, and the lien for the non-ad
27 valorem assessments taxes assessed or levied for the purpose
28 of such subdistrict, with the penalties for default in the
29 payment thereof and all costs incurred, shall be a lien of
30 equal dignity with the lien for drainage assessments taxes
31 assessed or levied for the district first established. A sale
53
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 of any of the lands within a district for state and county or
2 other taxes shall not operate to relieve or release the lands
3 so sold from the lien for subsequent installments of drainage
4 assessments taxes, which lien may be enforced as against such
5 lands as though no such sale thereof had been made.
6 Section 37. Subsection (1) of section 298.47, Florida
7 Statutes, is amended to read:
8 298.47 Supervisors may issue bonds.--
9 (1) The board of supervisors may, if in their judgment
10 it seems best, issue bonds not to exceed 90 percent of the
11 total amount of the non-ad valorem assessment taxes, exclusive
12 of the amount for interest, levied under the provisions of s.
13 298.325 298.36, in denominations of not less than $100,
14 bearing interest from date at rate as provided by general law,
15 payable semiannually, to mature at annual intervals within 30
16 years, commencing after a period of years not later than 10
17 years, to be determined by the board of supervisors, both
18 principal and interest payable at some convenient banking
19 house or trust company's office to be named in said bonds,
20 which said bonds shall be signed by the president of the board
21 of supervisors, attested with the seal of said district and by
22 the signature of the secretary of the said board. Section 12,
23 Art. VII of the State Constitution shall be complied with as
24 to all such bonds as are within its purview. All of said
25 bonds shall be executed and delivered to the treasurer of said
26 district, who shall sell the same in such quantities and at
27 such dates as the board of supervisors may deem necessary to
28 meet the payments for the works and improvements in the
29 district. Said treasurer shall, at the time of the receipt by
30 him or her of said bonds, execute and deliver to the president
31 of the board of said district, a bond with good and sufficient
54
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 sureties to be approved by the said board of supervisors,
2 conditioned that the treasurer shall account for and pay over,
3 as required by law and as ordered to do by said board of
4 supervisors, any and all money received by him or her on the
5 sale of such bonds, or any of them, and that the treasurer
6 will only sell and deliver such bonds to the purchaser or
7 purchasers thereof, under and according to the terms herein
8 prescribed, and that the treasurer will return, duly canceled,
9 any and all bonds not sold to the board of supervisors when
10 ordered by said board so to do, which said surety bond shall
11 remain in the custody of the said president of said board of
12 supervisors, who shall produce the same for inspection or for
13 use as evidence whenever and wherever legally requested so to
14 do.
15 Section 38. Section 298.48, Florida Statutes, is
16 amended to read:
17 298.48 Sale of bonds and disposition of proceeds.--The
18 bonds shall not be sold for less than 95 cents on the dollar,
19 with accrued interest, shall show on their face the purpose
20 for which they are issued, and shall be payable out of money
21 derived from the aforesaid non-ad valorem assessments taxes.
22 The said treasurer shall promptly report all sales of bonds to
23 the board of supervisors, which board shall at reasonable
24 times thereafter, prepare and issue warrants in substantially
25 the forms provided in s. 298.17 for the payment of the
26 maturing bonds so sold and the interest payments coming due on
27 all bonds sold. Each of said warrants shall specify what
28 bonds and accruing interest it is to pay, and the said
29 treasurer shall place sufficient funds at the place of payment
30 to pay the maturing bonds and coupons when due, as well as a
31 reasonable compensation to the bank or trust company for
55
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 paying same. The successor in office of any such treasurer
2 shall not be entitled to said bonds or the proceeds thereof
3 until the successor shall have complied with all the foregoing
4 provisions applicable to his or her predecessor in office.
5 The funds derived from the sale of said bonds or any of them
6 shall be used for the purpose of paying the cost of the
7 drainage works and improvements and such costs, expenses,
8 fees, and salaries as may be authorized by law and used for no
9 other purpose.
10 Section 39. Section 298.49, Florida Statutes, is
11 amended to read:
12 298.49 Interest upon matured bonds.--All bonds and
13 coupons not paid at maturity shall bear interest at the rate
14 of 6 percent per annum from maturity until paid, or until
15 sufficient funds have been deposited at the place of payment,
16 and the said interest shall be appropriated by the board of
17 supervisors out of the penalties and interest collected on
18 delinquent assessments taxes or any other available funds of
19 the district. Any expense incurred in paying said bonds and
20 interest thereon, and a reasonable compensation to the bank or
21 trust company for paying same, shall be paid out of other
22 funds in the hands of the treasurer and collected for the
23 purpose of meeting the expenses of administration.
24 Section 40. Subsection (1) of section 298.50, Florida
25 Statutes, is amended to read:
26 298.50 Levy of tax to pay bonds, sinking fund.--
27 (1) The board of supervisors in making the annual tax
28 levy, as provided in this chapter, shall take into account the
29 maturing bonds and interest on all bonds, and make provisions
30 in advance for the payment thereof. In case the proceeds of
31 the original tax levy made under the provisions of s. 298.325
56
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 298.36 are not sufficient to pay the principal and interest on
2 all bonds issued, then the board of supervisors shall make
3 such additional levies upon the benefits assessed as are
4 necessary for this purpose, and under no circumstances shall
5 any tax levies be made that will in any manner or to any
6 extent impair the security of said bonds or the fund available
7 for the payment of the principal and interest of the same.
8 Section 41. Section 298.51, Florida Statutes, is
9 amended to read:
10 298.51 Defaults, receivership for district.--If any
11 bond or interest coupon on any bond issued by said district is
12 not paid within 60 days after its maturity, a court of
13 competent jurisdiction, on the application of any holder of
14 such bond or interest coupon so overdue, may appoint a
15 receiver for the district; said receiver shall be a resident
16 of the state or some corporation organized under the laws of
17 Florida and authorized by such laws to act as receiver; such
18 appointment by such court shall not be made except upon
19 reasonable notice of such application for such appointment
20 having been given to the board of supervisors of said
21 district; and the proceeds of assessments taxes collected by
22 the receiver shall be applied after payment of costs, first to
23 overdue interest, and then to payment pro rata of all bonds
24 issued by the said district which are then due and payable;
25 and the said receiver may be directed to foreclose, by suit,
26 as provided in this chapter, the lien of said assessments
27 taxes of said lands, and said suits so brought by the receiver
28 shall be conducted as, and governed by, the provisions
29 applicable to suits by the said district as provided, and with
30 like effect; and the decrees, deeds and all other acts herein
31 shall have the same presumptions in their favor; provided,
57
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 however, that when all costs, overdue interest and bonds which
2 are then due and payable, as provided in this chapter have
3 been paid, the receiver shall be discharged and the affairs of
4 the district conducted by a board of supervisors of said
5 district as provided by law.
6 Section 42. Section 298.52, Florida Statutes, is
7 amended to read:
8 298.52 Refunding and extending bonds.--
9 (1) Any district now or hereafter created or organized
10 under any general or special law heretofore or hereafter
11 enacted by the state may, whenever in the judgment of the
12 governing board of supervisors thereof it is advisable and for
13 the best interests of the landowners in the district, refund
14 any or all of the then-outstanding bonded indebtedness of such
15 district by taking up and canceling any or all of its
16 outstanding bonds as and when they become due, or before they
17 are due, if the holders thereof will surrender them, and
18 issuing in lieu thereof new bonds of such district payable in
19 such longer time, not to exceed 50 years from their date, as
20 said governing board of supervisors may determine.
21 (2) Such refunding bonds shall not exceed in the
22 aggregate the amount of the bonds refunded thereby, and shall
23 bear interest at a rate not exceeding 8 percent per annum,
24 payable semiannually, and may be exchanged for the outstanding
25 bonds at par or sold for not less than 95 cents on the dollar
26 and accrued interest, and the proceeds used solely in the
27 payment of outstanding bonds. Any discount or expense of such
28 sale of the refunding bonds shall be paid out of the
29 maintenance fund of the district, if any, or out of surplus in
30 the sinking fund, if any.
31
58
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 (3) Any landowner shall have the right at any time
2 within 30 days after the adoption of the resolution providing
3 for the issuance of the refunding bonds, to pay the full
4 amount of uncollected principal or assessment chargeable to
5 his or her land for the payment of the bonds proposed to be
6 refunded, and his or her lands shall thereby be released from
7 any tax or assessment for the payment of said bonds. The
8 landowner's land shall remain liable, subject to the
9 limitations prescribed in the law under which the original
10 bonds were issued and the original or revised benefits
11 assessed against said land, for any additional assessment tax
12 which may be required to pay said bonds by reason of other
13 lands in the district not paying the tax or assessment.
14 (4) Unless and until refunding bonds shall have been
15 authorized and issued, the governing board of supervisors
16 shall continue the levy of annual non-ad valorem assessments
17 taxes sufficient to pay the outstanding bonds and interest
18 thereon as they fall due. When any bonds of such district are
19 refunded pursuant to the authority hereby conferred, the
20 collection of corresponding installments of assessments tax or
21 assessment shall likewise be deferred. The governing board of
22 supervisors shall make proper provision for the payment of the
23 principal and interest of said refunding bonds in like manner
24 as was required in the case of the issuance of original bonds
25 by the law under which such district is or may have been
26 incorporated; and the holders of such refunding bonds shall
27 have the same rights as are given the holders of bonds under
28 the law under which such district is or may have been
29 incorporated.
30 (5) Any landowner failing to avail himself or herself
31 of the privilege conferred by this section of paying in full
59
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 the unpaid principal non-ad valorem tax or assessment against
2 his or her land shall not be heard to complain by reason of
3 additional interest to be collected from his or her lands by
4 reason of the extension of the bonds.
5 (6) Non-ad valorem Taxes or assessments levied for the
6 payment of refunding bonds and the interest thereon shall be
7 secured by the same lien as other assessments taxes of such
8 district levied for the payment of the original bonds, and the
9 additional interest which will accrue on account of such
10 refunding bonds shall be included and added to the original
11 drainage assessment tax and shall be secured by the same lien;
12 but the interest to accrue shall not be considered as a part
13 of the cost of construction in determining whether the
14 assessment tax exceeds the benefits assessed.
15 (7) No proceedings shall be required for the issuance
16 of refunding bonds other than those provided by this section;
17 provided, however, that the validity of all bonds issued under
18 this chapter and the validity of all proceedings had incident
19 to and culminating in the issuance of such bonds shall, prior
20 to the sale or delivery of such bonds, be determined and
21 established in the manner now or hereafter provided by law for
22 the validation of bonds issued by counties, municipalities,
23 taxing districts or other political districts or subdivisions
24 of this state.
25 Section 43. Section 298.54, Florida Statutes, is
26 amended to read:
27 298.54 Maintenance assessment tax.--To maintain and
28 preserve the ditches, drains, or other improvements made
29 pursuant to this chapter and to repair and restore the same,
30 when needed, and for the purpose of defraying the current
31 expenses of the district, including any sum which may be
60
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 required to pay state and county taxes on any lands which may
2 have been purchased and which are held by the district under
3 the provisions of this chapter, the board of supervisors may,
4 upon the completion of the said improvements, in whole or in
5 part as may be certified to the board by the chief engineer,
6 levy annually a non-ad valorem assessment tax upon each tract
7 or parcel of land within the district, to be known as a
8 "maintenance assessment tax." The Said maintenance assessment
9 tax shall be apportioned upon the basis of the net assessments
10 of benefits assessed as accruing from original construction,
11 shall be evidenced to and certified by the board of
12 supervisors not later than June 1 of each year to the property
13 appraisers of counties in which lands of the district are
14 situated, and shall be extended by the county property
15 appraisers on the county tax rolls and collected by the tax
16 collectors in the same manner and time as county taxes, and
17 the proceeds therefrom shall be paid to said district. The
18 maintenance assessment Said tax shall be a lien until paid on
19 the property against which assessed and enforceable in like
20 manner as county taxes.
21 Section 44. Section 298.56, Florida Statutes, is
22 amended to read:
23 298.56 Bonds issued secured by lien on lands
24 benefited; assessment and collection of assessments taxes may
25 be enforced.--All bonds issued by any board of supervisors
26 under the provisions of this chapter shall be secured by a
27 lien on all lands and other property benefited in the
28 district, and the board of supervisors shall see to it that an
29 assessment a tax is levied annually and collected under the
30 provisions of this chapter, so long as it may be necessary to
31 pay any bond issued or obligation contracted under its
61
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 authority; and the making of said assessment and collection
2 may be enforced by mandamus.
3 Section 45. Section 298.65, Florida Statutes, is
4 amended to read:
5 298.65 Auditing of district records by Auditor
6 General, powers; penalties.--
7 (1) The Governor may, when requested by a resolution
8 adopted by the local governing authority of any district or
9 subdistrict, direct an audit to be made by the Auditor General
10 of the accounts, books and records of any district or
11 subdistrict; and every officer and employee thereof shall
12 furnish to the Auditor General or his or her assistants all
13 books, records, information or any and all documents
14 pertaining to the financial affairs of any such district. The
15 district shall not be required to pay any of the costs of such
16 examination. Upon the completion of the audit of any
17 district, as herein provided, the Auditor General shall
18 deliver one copy of the same to the Governor of the state and
19 one copy to the board of supervisors commissioners, trustees,
20 or other governing body of the district so audited.
21 (2) The Auditor General or his or her assistants may
22 summon witnesses and administer oaths to them and inquire of
23 them under oath as to any and all affairs concerning any such
24 water control taxing district or its financial affairs;
25 provided, that if any witness or person summoned fails to
26 appear, or having appeared refuses to testify, or having
27 testified, testifies falsely, the witness or person shall be
28 guilty of a misdemeanor of the first degree, punishable as
29 provided in s. 775.082 or s. 775.083. Each and every officer,
30 employee or agent of any such water control taxing district in
31 the state, who refuses to furnish any information or to
62
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 disclose any records requested and desired by the Auditor
2 General, or his or her assistants, in auditing and checking
3 the affairs of any such water control taxing district in the
4 state, shall be guilty of a misdemeanor of the first degree,
5 punishable as provided in s. 775.082 or s. 775.083.
6 Section 46. Section 298.71, Florida Statutes, is
7 amended to read:
8 298.71 Department may issue notes; suit by holder;
9 judgment.--The Department of Environmental Protection may
10 issue its promissory note or notes, or other written
11 obligations, or evidence of indebtedness, for the repayment of
12 such loans at such times and upon such terms and at such rates
13 of interest as the said department may deem advisable; and if
14 upon the maturity of such promissory notes, or written
15 obligations, or other evidences of indebtedness, the same are
16 not redeemed or paid, the said department may be sued by the
17 holder or holders thereof, and any judgment obtained thereon
18 shall be satisfied out of the proceeds of the drainage
19 assessment tax provided by law to be assessed on the lands
20 embraced in the district.
21 Section 47. Section 298.72, Florida Statutes, is
22 amended to read:
23 298.72 Department may use proceeds of drainage
24 assessments tax to pay loans.--Any drainage assessment tax
25 provided by law to be assessed on the lands embraced in the
26 district shall be available, and be used by the Department of
27 Environmental Protection for the repayment of any loan or
28 loans obtained by said department under the provisions of this
29 chapter.
30 Section 48. Section 298.73, Florida Statutes, is
31 amended to read:
63
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 298.73 Matured written obligations receivable in
2 payment of assessments taxes.--The promissory notes, or
3 written obligations, or other evidences of indebtedness that
4 may be issued by the Department of Environmental Protection
5 under the provisions of this chapter, may be used on or after
6 maturity in the payment of drainage assessments taxes on any
7 lands in said district by whomsoever such lands may be owned,
8 and the tax collectors of the several counties embraced in
9 said district, in whole or in part, shall receive such notes,
10 written obligations, or other evidences of indebtedness of
11 said Department of Environmental Protection on or after
12 maturity in payment of such drainage assessments taxes
13 whenever the same may be tendered to such tax collectors to
14 the extent of the principal and unpaid interest of such
15 promissory notes, written obligations, or other evidences of
16 indebtedness.
17 Section 49. Subsections (1) and (4) of section 298.76,
18 Florida Statutes, are amended to read:
19 298.76 Special or local legislation; effect.--
20 (1) This chapter is amended to provide that, pursuant
21 to the authority granted the Legislature in s. 11(a)(21), Art.
22 III of the State Constitution, there shall be no special law
23 or general law of local application granting additional
24 authority, powers, rights, or privileges to any water control
25 district formed pursuant to this chapter. This chapter is
26 further amended to provide that, pursuant to the authority
27 granted the Legislature in s. 11(a)(21), Art. III of the State
28 Constitution, there shall be no special law or general law of
29 local application creating a water control district or
30 granting an exemption to or modification of any requirement
31 imposed on a water control district by this chapter. However,
64
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1515
154-247-97
1 this subsection shall not prohibit special or local
2 legislation which:
3 (a) Amends an existing special act which provides for
4 the levy of an annual maintenance assessment tax of a
5 district;
6 (b) Extends the corporate life of a district;
7 (c) Consolidates adjacent districts; or
8 (d) Authorizes the construction or maintenance of
9 roads for agricultural purposes as outlined in this chapter.
10 (4) Special or local legislation may be enacted by the
11 Legislature, changing the governing authority or governing
12 board of supervisors of any district heretofore or hereafter
13 organized and created as provided for by this chapter, or any
14 section thereof.
15 Section 50. Sections 298.07, 298.27, 298.29, 298.30,
16 298.31, 298.32, 298.33, 298.34, 298.35, 298.36, 298.465,
17 298.467, 298.55, and 298.77, Florida Statutes, are repealed.
18 Section 51. This act shall take effect July 1, 1997.
19
20 *****************************************
21 HOUSE SUMMARY
22
Revises various provisions of ch. 298, F.S., relating to
23 the formation, operation, and financing of water control
districts, and the powers and duties of the district
24 boards of supervisors, Department of Environmental
Protection, Governor, and water management districts with
25 respect thereto. See bill for details.
26
27
28
29
30
31
65