Senate Bill 1596

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    Florida Senate - 1998                                  SB 1596

    By Senator Rossin





    35-338A-98

  1                      A bill to be entitled

  2         An act relating to water control districts;

  3         amending s. 298.005, F.S.; deleting the

  4         definition of the term "water control district"

  5         and revising the definition of the term "water

  6         control plan"; amending s. 298.11, F.S.;

  7         providing for landowner vote of fractional

  8         acreage; providing quorum requirements;

  9         amending s. 298.12, F.S.; providing for

10         appointment of a supervisor; amending s.

11         298.16, F.S.; eliminating surety bond

12         requirements for district engineers; amending

13         s. 298.22, F.S.; providing criteria for

14         awarding construction contracts; providing

15         clarification of when districts may assess and

16         collect fees for connection to district works;

17         amending s. 298.225, F.S.; revising

18         requirements for the development and amendment

19         of district water control plans; amending s.

20         298.26, F.S.; revising use of the district

21         engineer's annual report; amending s. 298.301,

22         F.S.; providing for the determination of

23         benefits and damages; revising notice and

24         report requirements; providing that the

25         approval of a district water control plan and

26         assessments is final unless court action is

27         brought within 30 days after approval; amending

28         s. 298.329, F.S.; conforming a statutory

29         cross-reference; amending s. 298.337, F.S.;

30         providing for the assessment of land less than

31         an acre; amending s. 298.353, F.S.; revising

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  1         notice requirements; providing that district

  2         bonds may be payable from assessments on more

  3         than one unit; amending s. 298.76, F.S.;

  4         providing authority for special laws relating

  5         to public infrastructure for agricultural or

  6         urban development if approved by a three-fifths

  7         vote of the membership of the Legislature;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsections (3) and (4) of section 298.005,

13  Florida Statutes, are amended to read:

14         298.005  Definitions.--As used in this chapter, the

15  term:

16         (3)  "Water control district" means a special district

17  established in accordance with s. 298.01 and operating under

18  this chapter.

19         (3)(4)  "Water control plan" means the comprehensive

20  operational document that describes the activities and

21  improvements to be conducted by a water control district

22  authorized under this chapter and includes any district.

23  Alternatively described as a "plan of reclamation," or "water

24  management plan," or "plan of improvement" that prior to

25  October 1, 1998, a water control plan details the system of

26  water management improvements implemented by a water control

27  district.

28         Section 2.  Subsections (2) and (3) of section 298.11,

29  Florida Statutes, are amended to read:

30

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  1         298.11  Landowners' meetings; election of board of

  2  supervisors; duties of Department of Environmental Protection

  3  and Governor.--

  4         (2)  The landowners, when assembled, shall organize by

  5  the election of a chair and secretary of the meeting, who

  6  shall conduct the election. At the election, each and every

  7  acre of land in the district shall represent one share, and

  8  each owner shall be entitled to one vote in person or by proxy

  9  in writing duly signed, for every acre of land owned by him or

10  her in the district, and the three persons receiving the

11  highest number of votes shall be declared elected as

12  supervisors. The appointment of proxies shall comply with s.

13  607.0722. Landowners owning less than 1 acre in the aggregate

14  shall be entitled to one vote. Landowners with more than 1

15  acre are entitled to one additional vote for any fraction of

16  an acre greater than 1/2 acre owned, when all of the

17  landowners' acreage has been aggregated for purposes of

18  voting. The landowners shall at such election determine the

19  length of the terms of office of each supervisor so elected by

20  them, which shall be respectively 1, 2, and 3 years, and they

21  shall serve until their successors shall have been elected and

22  qualified.

23         (3)  The Department of Environmental Protection, at any

24  such meeting, may represent the state, and shall have the

25  right to vote for supervisors, or upon any matter that may

26  come properly before said meeting to the extent of the acreage

27  owned by the state in such district, provided such acreage is

28  subject to assessment by the water control district, which

29  vote may be cast by any person designated by said department.

30  Guardians may represent their wards, executors and

31  administrators may represent estates of deceased persons, and

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  1  private corporations may be represented by their officers or

  2  duly authorized agents. The owners and proxy holders of a

  3  majority of district the acreage who are present at a duly

  4  noticed landowners' meeting included in such district shall be

  5  necessary to constitute a quorum for the purpose of holding

  6  such election, or any election thereafter., and in case the

  7  owners of a majority of the acreage included in such district

  8  are not present in person or duly represented, at the time and

  9  the place stated in the notice calling such meeting, then no

10  election shall be held, and notice of such failure shall be

11  given in writing by any person interested to the Governor, who

12  shall as soon as practicable appoint three competent persons

13  who own land in such district as such supervisors for the term

14  of 1, 2, and 3 years respectively, and who shall hold their

15  office until their successors are elected or appointed and

16  qualified.

17         Section 3.  Subsection (1) of section 298.12, Florida

18  Statutes, is amended to read:

19         298.12  Annual election of supervisors; term of office;

20  vacancy.--

21         (1)  Every year in the same month after the time for

22  the election of the first board of supervisors, it shall call

23  a meeting of the landowners in the district in the same manner

24  as is provided for in s. 298.11, and the owners of land in

25  such district shall meet at the stated time and place and

26  elect one supervisor therefor, or in case of their failure to

27  elect, the Governor shall appoint such supervisor, in like

28  manner as prescribed in s. 298.11, who shall hold the

29  supervisor's office for 3 years or until his or her successor

30  is elected and qualified; and in case of a vacancy in any

31  office of supervisor elected by the landowners, the remaining

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  1  supervisors, or if they fail to act within 30 days, the

  2  Governor may fill such vacancy until the next annual meeting,

  3  when a successor shall be elected for the unexpired term.

  4         Section 4.  Section 298.16, Florida Statutes, is

  5  amended to read:

  6         298.16  Appointment of district chief engineer;

  7  engineer's bond and duties.--

  8         (1)  Within 30 days after organizing, the board of

  9  supervisors shall appoint a district chief engineer, who may

10  be an individual, copartnership, or corporation, and who shall

11  engage such assistants as the board of supervisors may

12  approve.  Such district chief engineer shall enter into a bond

13  with good surety, in a sum to be named by said board, and

14  which bond and surety shall be approved by said board,

15  conditioned that the chief engineer will faithfully and

16  honestly perform all the duties required of him or her by said

17  supervisors, and deliver to his or her successor all

18  instruments, papers, maps, documents, and other things that

19  may have come into the district chief engineer's hands by

20  virtue of his or her employment.

21         (2)  The district chief engineer shall have control of

22  the engineering work in said district and may, whenever he or

23  she deems it necessary, confer with the jurisdictional water

24  management district, and he or she may, by and with the

25  consent of the board of supervisors, consult any eminent

26  engineer and obtain his or her opinion and advice concerning

27  the reclamation of lands in said districts. The said engineer

28  shall make all necessary surveys of the lands within the

29  boundary lines of said district, as described in the petition,

30  and of all lands adjacent thereto that will be improved or

31

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  1  reclaimed in part or in whole by any system of drainage that

  2  may be outlined and adopted.

  3         (3)  The engineer shall make a report in writing to the

  4  board of supervisors, with maps and profiles of said surveys,

  5  which report shall contain a full and complete water control

  6  plan for draining and reclaiming the lands described in the

  7  petition, or adjacent thereto, from overflow or damage by

  8  water, with the length, width, and depth of such canals,

  9  ditches, dikes or levees, or other works that may be

10  necessary, in conjunction with any canals, drains, ditches,

11  dikes, levees or other works heretofore constructed or built

12  by the Board of Trustees of the Internal Improvement Trust

13  Fund, or any other person, that may now be in process of

14  construction, or which may be hereafter built by them, that

15  may be necessary or which can be advantageously used in such

16  water control plan; and also, an estimate of the costs of

17  carrying out and completing the water control plan, including

18  the cost of superintending the same and all incidental

19  expenses in connection therewith. Maps and profiles shall also

20  indicate so far as necessary the physical characteristics of

21  the lands, and location of any public roads, railroads and

22  other rights-of-way, roadways and other property or

23  improvements located on such lands. A copy of the report

24  required by this section shall be filed with the

25  jurisdictional water management district.

26         Section 5.  Section 298.22, Florida Statutes, is

27  amended to read:

28         298.22  Powers of supervisors.--The board of

29  supervisors of the district has full power and authority to

30  excavate, construct, and complete, operate, maintain, repair,

31  and replace any and all works and improvements necessary to

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  1  execute the water control plan. Subject to the applicable

  2  provisions of chapter 373 or chapter 403, the board of

  3  supervisors:

  4         (1)  May employ persons and purchase machinery to

  5  directly supervise, construct, maintain, and operate the works

  6  and improvements described in the water control plan, or may

  7  contract with others for the supervision, construction,

  8  maintenance, and operation of such works and improvements

  9  either as a whole or in part. Contracts for the construction

10  of district facilities must be awarded under s. 255.20 and

11  applicable general law. Contracts must be advertised and let

12  to the lowest and best bidder, who shall give a good and

13  approved bond, with ample security, upon the condition that he

14  or she will well and promptly carry out the contract for the

15  described works and improvements. Each contract must be in

16  writing and have attached to it complete plans and

17  specifications for the work to be done and improvements to be

18  made under the contract, which plans and specifications must

19  be prepared by the chief engineer of the district. Each

20  contract shall be prepared by the attorney for the district,

21  approved by the board of supervisors, and executed in

22  duplicate by its president and the contractor. The chief

23  engineer of the district must be the superintendent of all

24  district works and improvements.

25         (2)  May clean out, straighten, open up, widen, or

26  change the course and flow, alter or deepen any canal, ditch,

27  drain, river, watercourse, or natural stream; and concentrate,

28  divert, or divide the flow of water in or out of said

29  district; construct and maintain main and lateral ditches,

30  canals, levees, dikes, dams, sluices, revetments, reservoirs,

31  holding basins, floodways, pumping stations, and siphons, and

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  1  may connect same, or any of them, with any canals, drains,

  2  ditches, levees, or other works that may have been heretofore,

  3  or which may be hereafter constructed by the Department of

  4  Environmental Protection or jurisdictional water management

  5  district, and with any natural stream, lake, or watercourse in

  6  or adjacent to said district.

  7         (3)  May build and construct any other works and

  8  improvements deemed necessary to preserve and maintain the

  9  works in or out of said district; acquire, construct, operate,

10  maintain, use, sell, convey, transfer or otherwise provide for

11  pumping stations, including pumping machinery, motive

12  equipment, electric lines and all appurtenant or auxiliary

13  machines, devices or equipment.

14         (4)  May contract for the purchase, construction,

15  operation, maintenance, use, sale, conveyance and transfer of

16  the said pumping stations, machinery, motive equipment,

17  electric lines and appurtenant equipment, including the

18  purchase of electric power and energy for the operation of the

19  same.

20         (5)  May construct or enlarge, or cause to be

21  constructed or enlarged, any and all bridges that may be

22  needed in or out of said district, across any drain, ditch,

23  canal, floodway, holding basin, excavation, public highway,

24  railroad right-of-way, track, grade, fill or cut; construct

25  roadways over levees and embankments; construct any and all of

26  said works and improvements across, through or over any public

27  highway, railroad right-of-way, track, grade, fill or cut, in

28  or out of said district; remove any fence, building or other

29  improvements, in or out of said district.

30         (6)  Shall have the right to hold, control and acquire

31  by donation or purchase and if need be, condemn any land,

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  1  easement, railroad right-of-way, sluice, reservoir, holding

  2  basin or franchise, in or out of said district, for

  3  right-of-way, holding basin for any of the purposes herein

  4  provided, or for material to be used in constructing and

  5  maintaining said works and improvements for implementation of

  6  the drainage, protecting and reclaiming the lands in said

  7  district water control plan.

  8         (7)  May condemn or acquire, by purchase or grant, for

  9  the use of the district, any land or property within or

10  without said district not acquired or condemned by the court

11  on the report of the commissioners assessing benefits and

12  damages, and shall follow the procedure set out in chapter 73.

13  Such powers to condemn or acquire any land or property within

14  or without the district shall also be available for

15  implementing requirements imposed on those districts subject

16  to s. 373.4592.

17         (8)  May adopt resolutions and policies to implement

18  the purposes of this chapter.

19         (9)  May assess and collect reasonable fees for the

20  connection to and use of the works of the district. A

21  landowner within a district whose land is assessed for water

22  control benefits may not be required to pay an additional fee

23  for connection to or use of district works authorized by a

24  water control plan.

25         (10)  May implement and authorize the comprehensive

26  water control activities, including flood protection, water

27  quantity management, and water quality protection and

28  improvement, described in the water control plan.

29         Section 6.  Section 298.225, Florida Statutes, is

30  amended to read:

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  1         298.225  Water control plan; plan development and

  2  amendment.--

  3         (1)  Effective October 1, 1998, any plan of

  4  reclamation, or water management plan, or plan of improvement

  5  developed and implemented by a water control district created

  6  by this chapter or by special act of the Legislature is

  7  considered will be referred to as a "water control plan." for

  8  purposes of this chapter.

  9         (2)  By October 1, 2000, the board of supervisors of

10  each water control district must develop or revise the

11  district's water control plan to reflect the minimum

12  applicable requirements set forth in subsection (3).

13         (3)  Each water control plan for a district or unit

14  must contain, if applicable at a minimum:

15         (a)  Narrative descriptions of the statutory

16  responsibilities and powers of the water control district.

17         (b)  A map delineating the legal boundary of the water

18  control district and identifying any subdistricts or units

19  within the district.

20         (c)  Narrative descriptions of land use within the

21  district and all existing district facilities and their

22  purpose and function, and a map depicting their locations.

23         (d)  Engineering drawings and narrative sufficient to

24  describe each facility's capacity for the management and

25  storage of surface waters and potable water supply, if

26  applicable.

27         (e)  A description of any environmental or water

28  quality program that the water control district has

29  implemented or plans to implement.

30

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  1         (f)  A map and narrative description of any area

  2  outside the water control district's legal boundary for which

  3  the district provides services.

  4         (g)  Detailed descriptions of facilities and services

  5  that the water control district plans to provide within 5

  6  years.

  7         (h)  A description of the administrative structure of

  8  the water control district.

  9         (i)  Copies of any agreements between the water control

10  district and other governmental entities.

11         (j)  The engineer's report prepared for plan adoption

12  or revision.

13         (k)  The water control district's budget and revenue

14  sources for the current year.

15         (4)  Information contained within a district's

16  facilities plan prepared pursuant to s. 189.415 which

17  satisfies any of the provisions of subsection (3) may be used

18  as part of the district water control plan.

19         (5)(4)  Before final adoption of the water control plan

20  or plan amendment under s. 298.301, the board of supervisors

21  must submit the proposed plan or amendment to the

22  jurisdictional water management district for review. Within 90

23  days after receipt of the proposed water control plan or

24  amendment, the governing board of the jurisdictional water

25  management district, or the executive director or designee, if

26  delegated, must review the proposed plan or amendment for

27  consistency with the applicable water resource plans and

28  policies and recommend to the board of supervisors any

29  proposed changes. If the jurisdictional water management

30  district determines that the plan or amendment is incomplete,

31  it may notify the water control district and request

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  1  additional information. Upon such request, the deadline for

  2  review may be extended as agreed by the water control district

  3  and the jurisdictional water management district. Within 60

  4  days after receipt of the applicable water management

  5  district's recommended changes, the board of supervisors shall

  6  include the recommendations in the water control plan or plan

  7  amendment to the extent practicable. If the recommendations

  8  are not incorporated, the board of supervisors must specify

  9  its reasons in the water control plan or plan amendment

10  adopted. A copy of the water control plan must be filed with

11  the jurisdictional water management district and each local

12  general purpose government within which all or a portion of

13  the district's lands are located.

14         (6)(5)  The review or approval of the water control

15  plan by the applicable water management district shall not

16  constitute the granting of any permit necessary for the

17  construction or operation of any water control district work

18  and cannot be relied upon as any future agency action on a

19  permit application.

20         (7)(6)  The board of supervisors must review the water

21  control plan at least every 5 years following its initial

22  development and adoption, and to the extent necessary, amend

23  the plan in accordance with s. 298.301.

24         (8)(7)  If the preparation of a water control plan or

25  amendment under this section does not result in revision of

26  the district's current plan or require the alteration or

27  increase of any levy of assessments or taxes beyond the

28  maximum amount previously authorized by general law, special

29  law, or judicial proceeding, a change in the use of said

30  assessments or taxes, or substantial change to district

31  facilities, the provisions of s. 298.301(2)-(9) do not apply

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  1  to the plan adoption process. This section and s.

  2  298.301(1)-(9) do not apply to minor, insubstantial amendments

  3  to district plans authorized by special law.

  4         Section 7.  Section 298.26, Florida Statutes, is

  5  amended to read:

  6         298.26  District Chief engineer to make annual reports

  7  to supervisors; approval of reports; water control plan.--The

  8  district chief engineer shall make a report in writing to the

  9  board of supervisors once every 12 months or as directed by

10  the board. The report shall describe the progress made and

11  activities undertaken in furtherance of the water control

12  plan, and may include suggestions and recommendations to the

13  board as the chief engineer deems appropriate. Upon receipt of

14  the final report of said engineer concerning the surveys made

15  of the lands contained in the district organized and the lands

16  adjacent thereto and for reclaiming the same, the board of

17  supervisors shall adopt such report, or any modification

18  thereof approved by the district chief engineer, after

19  consulting with him or her or someone representing the

20  district chief engineer. Thereafter such adopted report shall

21  be the plan for draining or reclaiming such lands from

22  overflow or damage by water, and it shall, after such

23  adoption, be part of the water control plan.

24         Section 8.  Subsections (1), (2), (4), (5), (6), (8),

25  and (9) of section 298.301, Florida Statutes, are amended to

26  read:

27         298.301  District water control plan adoption; plan

28  amendment; notice forms; objections; hearings; assessments.--

29         (1)  District infrastructure and works must be

30  implemented pursuant to a water control plan. In the execution

31  of the powers and authorities granted in this chapter, the

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  1  district's action must be consistent with any adopted local

  2  government comprehensive plan within which the lands of the

  3  district are located. The board of supervisors may, by

  4  resolution at a regular or special regularly scheduled meeting

  5  noticed pursuant to ch. 189, consider the adoption of a

  6  district water control plan or plan amendment. Notice,

  7  hearing, and final adoption of any proposed water control plan

  8  or plan amendment must comply with the provisions of this

  9  chapter. After January 1, 1998, lands may be added to or

10  deleted from a district only by legislative modification of

11  the special act or order that contains the charter of the

12  district.

13         (2)  Before adopting a water control plan or plan

14  amendment, the board of supervisors must adopt a resolution to

15  consider adoption of the proposed plan or plan amendment. As

16  soon as the resolution proposing the adoption or amendment of

17  the district's water control plan has been filed with the

18  district secretary, the board of supervisors shall give notice

19  of a public hearing on the proposed plan or plan amendment by

20  causing publication to be made once a week for 3 consecutive

21  weeks in a newspaper of general circulation published in each

22  county in which lands and other property described in the

23  resolution are situated. The notice must be in substantially

24  the following form:

25

26                        Notice of Hearing

27

28         To the owners and all persons interested in the lands

29  corporate, and other property in and adjacent to the ...name

30  of district... District.

31

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  1         You are notified that the ...name of district...

  2  District has filed in the office of the secretary of the

  3  district a resolution to consider approval of a water control

  4  plan or an amendment to the current water control plan to

  5  provide ...here insert a summary of the proposed water control

  6  plan or plan amendment.... On or before its regularly

  7  scheduled meeting of ...(date and time)... at the district's

  8  offices located at ...(list address of offices)... written

  9  objections to the proposed plan or plan amendment may be filed

10  at the district's offices. A public hearing on the proposed

11  plan or plan amendment will be conducted at the regularly

12  scheduled meeting, and written objections will be considered

13  at that time. At the conclusion of the hearing, the board of

14  supervisors may determine to proceed with the process for

15  approval of the proposed plan or plan amendment and direct the

16  district engineer to prepare an engineer's report identifying

17  any property to be taken, determining assessing benefits and

18  damages, and estimating the cost of implementing the

19  improvements improvement associated with the proposed plan or

20  plan amendment. A final hearing on approval of the proposed

21  plan or plan amendment and engineer's report shall be duly

22  noticed and held at a regularly scheduled board of supervisors

23  meeting within 60 days after filing of the engineer's report

24  with the secretary of the district.

25

26         Date of first publication:  ........, 19....

27         ............................................

28         (Chairman, Board of Supervisors)

29         ................ County, Florida

30         (4)  The engineer may at any time call upon the

31  attorney of the district for legal advice and information

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  1  relative to his duties. The engineer shall proceed to view the

  2  premises and identify determine the value of all lands, within

  3  or without the district, to be acquired by purchase or

  4  condemnation and used for rights-of-way, or other works set

  5  out in the proposed plan or plan amendment. The engineer

  6  shall, with the advice of the district attorney, staff, and

  7  consultants, determine assess the amount of benefits and the

  8  amount of damages, if any, that will accrue to each

  9  subdivision of land (according to ownership), from carrying

10  out and putting into effect the proposed plan or plan

11  amendment. The engineer shall determine assess only those

12  benefits that are derived from the construction of the works

13  and improvements set out in the proposed plan or plan

14  amendment. The engineer has no power to change the proposed

15  plan or plan amendment without board approval.

16         (5)  The engineer shall prepare a report arranged in

17  tabular form, the columns of which are to be headed as

18  follows:  column one, "owner of property assessed"; column

19  two, "description of property assessed"; column three, "number

20  of acres assessed"; column four, "amount of determined benefit

21  annual assessment assessed"; column five, "amount of

22  determined damages total assessments"; column six, "number of

23  acres to be taken for rights-of-way, district works, etc.";

24  column seven, "increased value of property from improvement".

25  The engineer shall also, by and with the advice of other

26  employees and consultants of the district, estimate the cost

27  of the works set out in the proposed plan or plan amendment,

28  including the cost of and the probable expense of organization

29  and administration. If the engineer's estimate of increased

30  property value exceeds the total amount of assessments to be

31  levied against a parcel, benefits are deemed to exceed

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  1  damages. A maintenance assessment recommendation must also be

  2  included in each engineer's report. However, the maintenance

  3  assessment may not be considered as part of the costs of

  4  installation or construction specified by the proposed plan or

  5  plan amendment in determining whether benefits exceed damages.

  6  The report shall be signed by the engineer and filed in the

  7  office of the secretary of the district. The secretary of the

  8  district, or deputy thereto, shall assist as needed in

  9  preparation of the report.

10         (6)  Upon the filing of the engineer's report, the

11  board of supervisors shall give notice thereof by arranging

12  the publication of the report together with a geographical

13  depiction of the district once a week for 2 consecutive weeks

14  in a newspaper of general circulation in each county in the

15  district. The notice must be substantially as follows:

16

17              Notice of Filing Engineer's Report for

18                    ................ District

19

20         Notice is given to all persons interested in the

21  following described land and property in ........ County (or

22  Counties), Florida, viz.: ...(Here describe land and

23  property)... included within the ............ district that

24  the engineer hereto appointed to determine assess benefits and

25  damages to the property and lands situated in the district and

26  to determine the estimated cost of construction required by

27  the water control plan appraise the cash value of the land

28  necessary to be taken for rights-of-way and other works of the

29  district, within or without the limits of the district, under

30  the proposed water control plan or plan amendment, filed his

31  report in the office of the secretary of the district, located

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  1  at ...(list address of district offices),... on the ........

  2  day of ............, 19...., and you may examine the report

  3  and file written objections with the secretary of the district

  4  to all, or any part thereof, on or before ...(enter date 20

  5  days after the last scheduled publication of this notice,

  6  which date must be before the date of the final hearing)....

  7  The report recommends ...(describe benefits and damages

  8  assessment schedule).... If approved, the assessment will be

  9  collected by the county tax collector. A final hearing to

10  consider approval of the report and proposed water control

11  plan or plan amendment shall be held ...(time, place, and date

12  at least 30 days but no later than 60 days after the last

13  scheduled publication of this notice, but no later than 60

14  days after filing of the engineer's report)....

15

16         Date of first publication:  ........, 19....

17         ............................................

18         (Chairman, Board of Supervisors)

19         ................ County, Florida

20

21         (8)  All objections must be heard and determined by the

22  board of supervisors at the public hearing so as to carry out

23  liberally the purposes and needs of the district. If the board

24  of supervisors determines at the final public hearing, upon

25  examination of the engineer's report and upon hearing all of

26  the objections, that the estimated cost of construction of

27  improvements contemplated in the plan or plan amendment is

28  less than the benefits determined for assessed against the

29  lands in the district, the board of supervisors may shall

30  approve and confirm the engineer's report; but, if the board

31  of supervisors determines that any of the objections should be

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  1  sustained, it shall order the report changed to conform with

  2  its findings, and when changed, the board of supervisors shall

  3  approve and confirm or disapprove, as appropriate, the report

  4  and enter its order approving or disapproving, as appropriate,

  5  the report and proposed plan or plan amendment. When any land

  6  or other property is shown by the engineer's report to be

  7  needed for rights-of-way, or other works, the board of

  8  supervisors may institute proceedings under chapter 73 or

  9  chapter 74 in the circuit court of the proper county to

10  condemn the lands and other property that must be taken or

11  damaged in the making of improvements, with the right and

12  privilege of paying into court a sum to be fixed by the

13  circuit court judge and of proceeding with the work, before

14  the assessment by the jury.

15         (9)  The approval and confirmation of the engineer's

16  report by the board of supervisors establishes the amount and

17  apportionment or assessments contained therein. The

18  assessments so established are final and conclusive as to all

19  land assessed, unless within 30 days after approval and

20  confirmation of the engineer's report an action for relief is

21  brought in a court of competent jurisdiction. If the

22  assessment against any land is reduced or abated by the court,

23  the board of supervisors shall cause the engineer's report to

24  be amended accordingly. Unless such an action is commenced

25  within the 30-day period, the assessment set forth in the

26  engineer's report is final and nonappealable as to such land.

27  Any party identified in subsection (3) may challenge the

28  decision of the board in the manner and time provided by the

29  Florida Rules of Civil and Appellate Procedure. If it is

30  determined by court order that any tract or lot of land or

31  parts thereof, upon which a non-ad valorem assessment is

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  1  authorized and levied, will not be benefited by or receive any

  2  benefit from the completion of the plan or plan amendment, or

  3  will be burdened disproportionately to other similarly

  4  benefited land, then the non-ad valorem assessment may not be

  5  levied against that land.

  6         Section 9.  Subsection (1) of section 298.329, Florida

  7  Statutes, is amended to read:

  8         298.329  When works insufficient, supervisors have

  9  power to make a new or amended plan; additional levy; issuance

10  of bonds; procedure.--

11         (1)  If the works set out in the district water control

12  plan are found insufficient to develop, in whole or in part,

13  any or all of the lands of the district, the board of

14  supervisors shall have the right to formulate a new or amended

15  water control plan, containing new or modified public

16  infrastructure or other authorized works, and additional

17  assessments may be made in conformity with s. 298.305, the

18  same to be made in proportion to the increased benefits

19  accruing to the lands because of the additional works. Such

20  new or amended plan shall be subject to review by the

21  applicable water management district in accordance with s.

22  298.225 s. 298.225(4).

23         Section 10.  Section 298.337, Florida Statutes, is

24  amended to read:

25         298.337  Levies of assessments on land less than 1

26  acre.--In levying assessments based upon acreage, each tract

27  or parcel of land less than 1 acre in area may is to be

28  assessed as a full acre.

29         Section 11.  Section 298.353, Florida Statutes, is

30  amended to read:

31

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  1         298.353  Unit development; powers of board of

  2  supervisors to designate units of district; financing

  3  assessments for each unit.--The board of supervisors of the

  4  district may designate areas or of parts of the district as

  5  separate administrative and financial "units." Units must be

  6  created or modified as a part of and through the adoption of a

  7  water control plan or plan amendment as provided in this

  8  chapter. The units into which the district is divided must be

  9  given appropriate numbers or names by the board of supervisors

10  so that the units can be readily identified and distinguished.

11  The board may fix and determine the location, area, and

12  boundaries of the lands to be included in each unit, the type

13  and amount of work required in the unit and the order of

14  development, and the method of carrying on the work in each

15  unit. The unit system provided by this section may be

16  conducted, and all the proceedings by this section and this

17  chapter authorized in respect to such unit or units may be

18  carried on and conducted, whenever the board of supervisors

19  finds that it is appropriate. If the board finds that it is

20  advisable to implement the district infrastructure and service

21  plans by units, as authorized by this section, the board

22  shall, by resolution duly adopted and entered upon its

23  minutes, declare its purpose to conduct the work accordingly,

24  and shall proceed through the water control plan adoption or

25  amendment process described in s. 298.301 to fix the number,

26  location, boundaries, and description of lands within each

27  unit or units and give them appropriate numbers or names. All

28  provisions of this chapter shall apply within all units, and

29  the enumeration of or reference in this section to specific

30  powers or duties of the supervisors does not limit or restrict

31  the application of any and all of the proceedings and powers

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  1  in this chapter within all units. For water control plans

  2  applicable to one or more units, but to less than the entire

  3  district, the notices to district landowners or municipalities

  4  required under s. 298.301 need be provided only to owners of

  5  lands within the affected unit or units and municipalities

  6  within whose boundaries unit lands are located and immediately

  7  contiguous properties within the district. All assessments,

  8  levies, taxes, bonds, and other obligations made, levied,

  9  assessed, or issued for or in respect to any unit or units

10  constitute a lien and charge solely and only upon the lands in

11  the unit or units, respectively, for the benefit of which the

12  same have been levied, made, or issued, and not upon the

13  remaining units or lands in the district. However, bonds may

14  be payable from assessments imposed on more than one unit. The

15  board of supervisors may at any time amend the location and

16  description of lands in any unit or units by proceeding in

17  accordance with the provisions of this section for the

18  original creation of the unit or units. If, after the approval

19  of the engineer's report of benefits in any unit or units or

20  the issuance of bonds or other obligations that are payable

21  from taxes or assessments for benefits levied upon lands

22  within any unit or units, the board of supervisors finds that

23  the infrastructure or service plan for the unit or units is

24  insufficient or inadequate for efficient development, the plan

25  may be amended or changed and the unit or units may be amended

26  or changed as provided in this section, by changing the

27  location and description of lands in the unit or units, by

28  detaching lands therefrom, or by adding lands thereto pursuant

29  to this chapter. However, a change or amendment to a

30  designated unit is not authorized if it has the effect of

31

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  1  impairing a debt or other obligation of the unit or the

  2  district.

  3         Section 12.  Subsection (1) of section 298.76, Florida

  4  Statutes, is amended to read:

  5         298.76  Special or local legislation; effect.--

  6         (1)  This chapter is amended to provide that, pursuant

  7  to the authority granted the Legislature in s. 11(a)(21), Art.

  8  III of the State Constitution, there shall be no special law

  9  or general law of local application granting additional

10  authority, powers, rights, or privileges to any water control

11  district formed pursuant to this chapter.  However, this

12  subsection does shall not prohibit special or local

13  legislation that which:

14         (a)  Amends an existing special act that which provides

15  for the levy of an annual maintenance tax of a district;

16         (b)  Extends the corporate life of a district;

17         (c)  Consolidates adjacent districts; or

18         (d)  Authorizes the construction or maintenance of

19  public infrastructure for agricultural or urban development

20  which is not provided by a local general-purpose government

21  and pursuant to s. 298.301 is otherwise consistent with any

22  adopted local government comprehensive plan of a local

23  general-purpose government within which the infrastructure is

24  located roads for agricultural purposes as outlined in this

25  chapter.

26         Section 13.  Section 12 of this act shall not take

27  effect unless it is enacted by a three-fifths vote of the

28  membership of each house of the Legislature.

29         Section 14.  This act shall take effect upon becoming a

30  law.

31

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Amends various sections of chapter 298, F.S., regulating
      water control districts by revising the powers and duties
  4    of boards of supervisors and district engineers which
      affect water control plans. Revises voting, notice, and
  5    land assessment requirements. Provides for the
      determination of benefits and damages. Provides that the
  6    approval of a plan is final unless court action is
      initiated within 30 days after approval. Authorizes
  7    special laws relating to public infrastructure for
      agricultural or urban development if approved by a
  8    three-fifths vote of the membership of the Legislature.

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