Senate Bill 1596c1

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    Florida Senate - 1998                           CS for SB 1596

    By the Committee on Natural Resources and Senator Rossin





    312-1819-98

  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; amending s.

15         298.225, F.S.; revising requirements for the

16         development and amendment of district water

17         control plans; amending s. 298.26, F.S.;

18         revising use of the district engineer's annual

19         report; amending s. 298.301, F.S.; providing

20         for the determination of benefits and damages;

21         revising notice and report requirements;

22         providing that the approval of a district water

23         control plan and assessments is final unless

24         court action is brought within 30 days after

25         approval; amending s. 298.329, F.S.; conforming

26         a statutory cross-reference; amending s.

27         298.353, F.S.; revising notice requirements;

28         providing that district bonds may be payable

29         from assessments on more than one unit;

30         repealing s. 298.337, F.S., relating to levies

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  1         of assessments on land use for land less than 1

  2         acre; providing an effective date.

  3

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

  5

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

  7  Florida Statutes, are amended to read:

  8         298.005  Definitions.--As used in this chapter, the

  9  term:

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

11  established in accordance with s. 298.01 and operating under

12  this chapter.

13         (3)(4)  "Water control plan" means the comprehensive

14  operational document that describes the activities and

15  improvements to be conducted by a water control district

16  authorized under this chapter and includes any district.

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

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

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

20  water management improvements implemented by a water control

21  district.

22         Section 2.  Section 298.11, Florida Statutes, is

23  amended to read:

24         298.11  Landowners' meetings; election of board of

25  supervisors; duties of Department of Environmental Protection

26  and Governor.--

27         (1)  Within 20 days after the effective date of a

28  special act creating a district, notice of a landowners'

29  meeting shall be given as provided in the special act. The

30  notice shall be published once a week for 2 consecutive weeks

31  in a newspaper of general circulation in each county in which

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    Florida Senate - 1998                           CS for SB 1596
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  1  lands of the district are located, the last publication to be

  2  not less than 10 nor more than 15 days before the date of the

  3  meeting. The meeting of the owners of the lands located in the

  4  district shall be scheduled, at a day and hour specified, at

  5  some public place in the county within which most of the

  6  district lands are located, for the purpose of electing a

  7  board of three supervisors, to be composed of owners of the

  8  lands in the district and residents of the county or counties

  9  in which the district is located.

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

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

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

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

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

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

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

17  highest number of votes shall be declared elected as

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

19  607.0722. Landowners owning less than 1 acre in the aggregate

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

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

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

23  landowners' acreage has been aggregated for purposes of

24  voting. The landowners shall at such election determine the

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

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

27  shall serve until their successors shall have been elected and

28  qualified.

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

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

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

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

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

  3  subject to assessment by the water control district, which

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

  5  Guardians may represent their wards, executors and

  6  administrators may represent estates of deceased persons, and

  7  private corporations may be represented by their officers or

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

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

10  noticed landowners' meeting included in such district shall be

11  necessary to constitute a quorum for the purpose of holding

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

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

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

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

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

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

18  shall as soon as practicable appoint three competent persons

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

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

21  office until their successors are elected or appointed and

22  qualified.

23         (4)  Any elected or appointed supervisor may be removed

24  by the Governor for malfeasance, misfeasance, dishonesty,

25  incompetency, or failure to perform the duties imposed upon

26  him or her by this chapter, and any vacancies which may occur

27  in any such office so filled by appointment shall be filled by

28  the Governor as soon as practicable.

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

30  Statutes, is amended to read:

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    Florida Senate - 1998                           CS for SB 1596
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  1         298.12  Annual election of supervisors; term of office;

  2  vacancy.--

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

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

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

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

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

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

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

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

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

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

13  office of supervisor elected by the landowners, the remaining

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

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

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

17         Section 4.  Section 298.16, Florida Statutes, is

18  amended to read:

19         298.16  Appointment of district chief engineer;

20  engineer's bond and duties.--

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

22  supervisors shall appoint a district chief engineer, who may

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

24  engage such assistants as the board of supervisors may

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

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

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

28  conditioned that the chief engineer will faithfully and

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

30  supervisors, and deliver to his or her successor all

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

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

  2  virtue of his or her employment.

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

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

  5  she deems it necessary, confer with the jurisdictional water

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

  7  consent of the board of supervisors, consult any eminent

  8  engineer and obtain his or her opinion and advice concerning

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

10  shall make all necessary surveys of the lands within the

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

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

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

14  may be outlined and adopted.

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

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

17  which report shall contain a full and complete water control

18  plan for draining and reclaiming the lands described in the

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

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

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

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

23  dikes, levees or other works heretofore constructed or built

24  by the Board of Trustees of the Internal Improvement Trust

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

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

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

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

29  carrying out and completing the water control plan, including

30  the cost of superintending the same and all incidental

31  expenses in connection therewith. Maps and profiles shall also

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  1  indicate so far as necessary the physical characteristics of

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

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

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

  5  required by this section shall be filed with the

  6  jurisdictional water management district.

  7         Section 5.  Section 298.22, Florida Statutes, is

  8  amended to read:

  9         298.22  Powers of supervisors.--The board of

10  supervisors of the district has full power and authority to

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

12  and replace any and all works and improvements necessary to

13  execute the water control plan. Subject to the applicable

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

15  supervisors:

16         (1)  May employ persons and purchase machinery to

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

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

19  contract with others for the supervision, construction,

20  maintenance, and operation of such works and improvements

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

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

23  applicable general law. Contracts must be advertised and let

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

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

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

27  described works and improvements. Each contract must be in

28  writing and have attached to it complete plans and

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

30  made under the contract, which plans and specifications must

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

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

  2  approved by the board of supervisors, and executed in

  3  duplicate by its president and the contractor. The chief

  4  engineer of the district must be the superintendent of all

  5  district works and improvements.

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

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

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

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

10  district; construct and maintain main and lateral ditches,

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

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

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

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

15  or which may be hereafter constructed by the Department of

16  Environmental Protection or jurisdictional water management

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

18  or adjacent to said district.

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

20  improvements deemed necessary to preserve and maintain the

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

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

23  pumping stations, including pumping machinery, motive

24  equipment, electric lines and all appurtenant or auxiliary

25  machines, devices or equipment.

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

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

28  the said pumping stations, machinery, motive equipment,

29  electric lines and appurtenant equipment, including the

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

31  same.

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

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

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

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

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

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

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

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

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

10  improvements, in or out of said district.

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

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

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

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

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

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

17  maintaining said works and improvements for implementation of

18  the drainage, protecting and reclaiming the lands in said

19  district water control plan.

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

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

22  without said district not acquired or condemned by the court

23  as identified in the engineer's report on the report of the

24  commissioners assessing benefits and damages, and shall follow

25  the procedure set out in chapter 73. Such powers to condemn or

26  acquire any land or property within or without the district

27  shall also be available for implementing requirements imposed

28  on those districts subject to s. 373.4592.

29         (8)  May adopt resolutions and policies to implement

30  the purposes of this chapter.

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

  2  connection to and use of the works of the district.

  3         (10)  May implement and authorize the comprehensive

  4  water control activities, including flood protection, water

  5  quantity management, and water quality protection and

  6  improvement, described in the water control plan.

  7         Section 6.  Section 298.225, Florida Statutes, is

  8  amended to read:

  9         298.225  Water control plan; plan development and

10  amendment.--

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

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

13  developed and implemented by a water control district created

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

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

16  purposes of this chapter.

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

18  each water control district must develop or revise the

19  district's water control plan to reflect the minimum

20  applicable requirements set forth in subsection (3).

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

22  must contain, if applicable at a minimum:

23         (a)  Narrative descriptions of the statutory

24  responsibilities and powers of the water control district.

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

26  control district and identifying any subdistricts or units

27  within the district.

28         (c)  Narrative descriptions of land use within the

29  district and all existing district facilities and their

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

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  1         (d)  Engineering drawings and narrative sufficient to

  2  describe each facility's capacity for the management and

  3  storage of surface waters and potable water supply, if

  4  applicable.

  5         (e)  A description of any environmental or water

  6  quality program that the water control district has

  7  implemented or plans to implement.

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

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

10  the district provides services.

11         (g)  Detailed descriptions of facilities and services

12  that the water control district plans to provide within 5

13  years.

14         (h)  A description of the administrative structure of

15  the water control district.

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

17  district and other governmental entities.

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

19  or revision.

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

21  sources for the current year.

22         (4)  Information contained within a district's

23  facilities plan prepared pursuant to s. 189.415 which

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

25  as part of the district water control plan.

26         (5)(4)  Before final adoption of the water control plan

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

28  must submit the proposed plan or amendment to the

29  jurisdictional water management district for review. Within 90

30  days after receipt of the proposed water control plan or

31  amendment, the governing board of the jurisdictional water

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

  2  delegated, must review the proposed plan or amendment for

  3  consistency with the applicable water resource plans and

  4  policies and recommend to the board of supervisors any

  5  proposed changes. If the jurisdictional water management

  6  district determines that the proposed plan or amendment is

  7  incomplete, it may notify the water control district and

  8  request additional information. Upon such request, the

  9  deadline for review may be extended as agreed by the water

10  control district and the jurisdictional water management

11  district. Within 60 days after receipt of the applicable water

12  management district's recommended changes, the board of

13  supervisors shall include the recommendations in the water

14  control plan or plan amendment to the extent practicable. If

15  the recommendations are not incorporated, the board of

16  supervisors must specify its reasons in the water control plan

17  or plan amendment adopted. A copy of the water control plan

18  must be filed with the jurisdictional water management

19  district and each local general purpose government within

20  which all or a portion of the district's lands are located.

21         (6)(5)  The review or approval of the water control

22  plan by the applicable water management district shall not

23  constitute the granting of any permit necessary for the

24  construction or operation of any water control district work

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

26  permit application.

27         (7)(6)  The board of supervisors must review the water

28  control plan at least every 5 years following its initial

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

30  the plan in accordance with s. 298.301.

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  1         (8)(7)  If the preparation of a water control plan or

  2  amendment under this section does not result in revision of

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

  4  increase of any levy of assessments or taxes beyond the

  5  maximum amount previously authorized by general law, special

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

  7  assessments or taxes, or substantial change to district

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

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

10  298.301(1)-(9) do not apply to minor, insubstantial amendments

11  to district plans authorized by special law.

12         Section 7.  Section 298.26, Florida Statutes, is

13  amended to read:

14         298.26  District Chief engineer to make annual reports

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

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

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

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

19  activities undertaken in furtherance of the water control

20  plan, and may include suggestions and recommendations to the

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

22  the final report of said engineer concerning the surveys made

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

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

25  supervisors shall adopt such report, or any modification

26  thereof approved by the district chief engineer, after

27  consulting with him or her or someone representing the

28  district chief engineer. Thereafter such adopted report shall

29  be the plan for draining or reclaiming such lands from

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

31  adoption, be part of the water control plan.

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  1         Section 8.  Section 298.301, Florida Statutes, is

  2  amended to read:

  3         298.301  District water control plan adoption; district

  4  boundary modification; plan amendment; notice forms;

  5  objections; hearings; assessments.--

  6         (1)  District infrastructure and works must be

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

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

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

10  government comprehensive plan within which the lands of the

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

12  resolution at a regular or special regularly scheduled meeting

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

14  district water control plan or plan amendment. Notice,

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

16  or plan amendment must comply with the provisions of this

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

18  deleted from a district only by legislative modification of

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

20  district.

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

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

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

24  soon as the resolution proposing the adoption or amendment of

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

26  district secretary, the board of supervisors shall give notice

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

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

29  weeks in a newspaper of general circulation published in each

30  county in which lands and other property described in the

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  1  resolution are situated. The notice must be in substantially

  2  the following form:

  3

  4                        Notice of Hearing

  5

  6         To the owners and all persons interested in the lands

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

  8  of district... District.

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

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

11  district a resolution to consider approval of a water control

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

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

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

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

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

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

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

19  plan or plan amendment will be conducted at the regularly

20  scheduled meeting, and written objections will be considered

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

22  supervisors may determine to proceed with the process for

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

24  district engineer to prepare an engineer's report identifying

25  any property to be taken, determining assessing benefits and

26  damages, and estimating the cost of implementing the

27  improvements improvement associated with the proposed plan or

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

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

30  noticed and held at a regularly scheduled board of supervisors

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

  2  with the secretary of the district.

  3

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

  5         ............................................

  6         (Chairman, Board of Supervisors)

  7         ................ County, Florida

  8         (3)  In addition to the publication of notice, a copy

  9  of the notice shall be served by first class mail on any owner

10  of land within the district as shown on the current tax rolls,

11  the water management district created under chapter 373 within

12  which the district is located, the board of county

13  commissioners of the county, and the governing body of any

14  municipality within which the district is located.

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

16  attorney of the district for legal advice and information

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

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

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

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

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

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

23  consultants, determine assess the amount of benefits and the

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

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

26  out and putting into effect the proposed plan or plan

27  amendment. The engineer shall determine assess only those

28  benefits that are derived from the construction of the works

29  and improvements set out in the proposed plan or plan

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

31  plan or plan amendment without board approval.

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    Florida Senate - 1998                           CS for SB 1596
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  1         (5)  The engineer shall prepare a report arranged in

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

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

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

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

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

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

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

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

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

11  employees and consultants of the district, estimate the cost

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

13  including the cost of and the probable expense of organization

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

15  property value exceeds the total amount of assessments to be

16  levied against a parcel, benefits are deemed to exceed

17  damages. A maintenance assessment recommendation must also be

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

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

20  installation or construction specified by the proposed plan or

21  plan amendment in determining whether benefits exceed damages.

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

23  office of the secretary of the district. The secretary of the

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

25  preparation of the report.

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

27  board of supervisors shall give notice thereof by arranging

28  the publication of the report together with a geographical

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

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

31  district. The notice must be substantially as follows:

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




  1

  2              Notice of Filing Engineer's Report for

  3                    ................ District

  4

  5         Notice is given to all persons interested in the

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

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

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

  9  the engineer hereto appointed to determine assess benefits and

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

11  to determine the estimated cost of construction required by

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

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

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

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

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

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

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

19  and file written objections with the secretary of the district

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

21  days after the last scheduled publication of this notice,

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

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

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

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

26  consider approval of the report and proposed water control

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

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

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

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

31

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




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

  2         ............................................

  3         (Chairman, Board of Supervisors)

  4         ................ County, Florida

  5

  6         (7)  Any party identified in subsection (3) may file

  7  written objections with the secretary of the district to any

  8  part or all of the engineer's report and the proposed plan or

  9  plan amendment, within 20 days after the last published notice

10  of filing of the engineer's report.

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

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

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

14  of supervisors determines at the final public hearing, upon

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

16  the objections, that the estimated cost of construction of

17  improvements contemplated in the plan or plan amendment is

18  less than the benefits determined for assessed against the

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

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

21  of supervisors determines that any of the objections should be

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

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

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

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

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

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

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

29  supervisors may institute proceedings under chapter 73 or

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

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

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




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

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

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

  4  the assessment by the jury.

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

  6  report by the board of supervisors establishes the amount and

  7  apportionment or assessments contained therein. The

  8  assessments so established are final and conclusive as to all

  9  land assessed, unless within 30 days after approval and

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

11  brought in a court of competent jurisdiction. If the

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

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

14  be amended accordingly. Unless such an action is commenced

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

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

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

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

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

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

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

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

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

24  will be burdened disproportionately to other similarly

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

26  levied against that land.

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

28  Statutes, is amended to read:

29         298.329  When works insufficient, supervisors have

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

31  of bonds; procedure.--

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




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

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

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

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

  5  water control plan, containing new or modified public

  6  infrastructure or other authorized works, and additional

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

  8  same to be made in proportion to the increased benefits

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

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

11  applicable water management district in accordance with s.

12  298.225 s. 298.225(4).

13         Section 10.  Section 298.353, Florida Statutes, is

14  amended to read:

15         298.353  Unit development; powers of board of

16  supervisors to designate units of district; financing

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

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

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

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

21  water control plan or plan amendment as provided in this

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

23  given appropriate numbers or names by the board of supervisors

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

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

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

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

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

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

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

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

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




  1  carried on and conducted, whenever the board of supervisors

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

  3  advisable to implement the district infrastructure and service

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

  5  shall, by resolution duly adopted and entered upon its

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

  7  and shall proceed through the water control plan adoption or

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

  9  location, boundaries, and description of lands within each

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

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

12  the enumeration of or reference in this section to specific

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

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

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

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

17  district, the notices to district landowners or municipalities

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

19  lands within the affected unit or units and municipalities

20  within whose boundaries unit lands are located and immediately

21  contiguous properties within the district. All assessments,

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

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

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

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

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

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

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

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

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

31  accordance with the provisions of this section for the

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




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

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

  3  the issuance of bonds or other obligations that are payable

  4  from taxes or assessments for benefits levied upon lands

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

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

  7  insufficient or inadequate for efficient development, the plan

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

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

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

11  detaching lands therefrom, or by adding lands thereto pursuant

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

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

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

15  district.

16         Section 11.  Section 298.337, Florida Statutes, is

17  repealed.

18         Section 12.  This act shall take effect upon becoming a

19  law.

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    Florida Senate - 1998                           CS for SB 1596
    312-1819-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1596

  3

  4  This committee substitute makes a number of mostly technical
    and other revisions to chapter 298, F.S.
  5
    Removes the prohibition that a landowner within a district
  6  whose land is assessed for water control benefits may not be
    required to pay an additional fee for connection to or use of
  7  district works as authorized by a water control plan.

  8  Provides that land or property, within or without a district
    and not acquired or condemned by the court, may be acquired or
  9  condemned for the use of the district following the procedure
    set forth in chapter 73, F.S., but not based on the report of
10  the commissioners assessing benefits and damages.

11  Repeals s. 298.337, F.S., granting the water control districts
    discretion on whether to assess a parcel of land less than 1
12  acre as a full acre.

13  Eliminates the expanded authority for special laws relating to
    the water control districts' funding of public infrastructure
14  for agricultural or urban development and requirements for
    enactment of this provision.
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