Senate Bill 2726

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998        (NP)                      SB 2726

    By Senator Campbell





    33-1894-98                                         See HB 4099

  1                      A bill to be entitled

  2         An act relating to the Central Broward Water

  3         Control District, Broward County; amending

  4         section 4g. of charter; deleting the provision

  5         for expense reimbursement; amending section 4j.

  6         of charter to provide for assumption of office

  7         at the first regular meeting following the

  8         election; amending section 7 of charter to

  9         provide for an organizational meeting annually

10         at the first regular meeting following the

11         first Tuesday after the first Monday in

12         November; deleting obsolete provisions;

13         codifying the Charter of the Central Broward

14         Water Control District, an independent special

15         district; codifying chapter 61-1439, Laws of

16         Florida, as amended; consolidating amendments

17         thereto contained in this act and chapters

18         65-1006, 67-1002, 69-528, 70-479, 71-388,

19         72-486, 79-432, 80-462, 82-268, 85-388, 86-359,

20         86-363, 87-506, 88-523, 91-350, 94-426, and

21         96-536, Laws of Florida; repealing chapters

22         61-1439, 65-1006, 67-1002, 69-528, 70-479,

23         71-388, 72-486, 79-432, 80-462, 82-268, 85-388,

24         86-359, 86-363, 87-506, 88-523, 91-350, 94-426,

25         and 96-536, Laws of Florida; providing that

26         this act shall take precedence over any

27         conflicting law to the extent of such conflict;

28         providing severability; providing an effective

29         date.

30

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

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         Section 1.  Chapter 61-1439, Laws of Florida, together

  2  with all amendments thereto contained in this act and chapters

  3  65-1006, 67-1002, 69-528, 70-479, 71-388, 72-486, 79-432,

  4  80-462, 82-268, 85-388, 86-359, 86-363, 87-506, 88-523,

  5  91-350, 94-426, and 96-536, Laws of Florida, are codified,

  6  reenacted, amended, and repealed as herein provided.

  7         Section 2.  The Central Broward Water Control District

  8  is re-created and reenacted to read:

  9         Section 1.  Napoleon B. Broward Drainage District

10  abolished.--Napoleon B. Broward Drainage District, a drainage

11  district situate in Broward County is hereby abolished and all

12  laws and parts of laws relating thereto are hereby repealed.

13  The easements, rights-of-way, dikes, ditches, facilities,

14  equipment, files, papers, plans, and all other assets, real or

15  personal, of whatever description and wherever situate of the

16  Napoleon B. Broward Drainage District, are hereby directed to

17  be surrendered to the board of commissioners of the Central

18  Broward Drainage Water Control and such easements,

19  rights-of-way, dikes, ditches, facilities, equipment, files,

20  papers, plans, and all other assets of the Napoleon B. Broward

21  Drainage District shall, by operation of the provisions of

22  this section of this charter, become and remain the easements,

23  rights-of-way, dikes, ditches, facilities, equipment, files,

24  papers, plans, and assets of the Central Broward Water Control

25  District. All taxes heretofore assessed and levied, including

26  taxes for the year 1961, shall be due and payable to the

27  Central Broward Water Control District as if such district

28  were a continuing body of the Napoleon B. Broward Drainage

29  District.

30         Section 2.  District created and boundaries

31  thereof.--The creation of the Central Broward Water Control

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  District with the powers herein vested in it by this act is to

  2  further the best interests of the public, health, safety, and

  3  welfare inasmuch as proper drainage and water management is

  4  necessary to protect said lands hereinafter described. That

  5  for the purpose of providing drainage and water management

  6  services conducted pursuant to this section for the lands

  7  hereinafter described and for other purposes stated in this

  8  act, a drainage and water management district is hereby

  9  created and established in Broward County, to be known as the

10  Central Broward Water Control District, an independent special

11  district, the geographical boundaries of which shall include

12  the following land lying, being, and situate in Broward

13  County, Florida, to wit:

14

15         Starting at the intersection of the East

16         Right-of-way line of State Road #7 and its

17         intersection with the South line of Tier 3; as

18         shown by the Plat of NEWMAN'S SURVEY, as

19         recorded in Plat Book 2, Page 26 of the Public

20         Records of Dade County, Florida (All subsequent

21         references to Tract and Tier number refer to

22         this plat), for the point of beginning; thence

23         Westerly along the South line of Tiers 3, 5, 7

24         and 9, and their prolongations thereof, to an

25         intersection with the Northerly extension of

26         the East line of Tract 7, Section 25, Township

27         50 South, Range 41 East, as shown on said plat

28         of NEWMAN'S SURVEY; thence Southerly along the

29         East line of Tract 7 to the Southeast corner of

30         said Tract 7; thence Westerly along the South

31         line of said Tract 7 to the Northeast corner of

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         tract 9 of said Section 25; thence Southerly

  2         along the East line of said Tract 9 to the

  3         Southeast corner of said Tract 9; thence

  4         Westerly, along the South line of said Tract 9

  5         to the Southwest corner of said Tract 9; thence

  6         Northerly along the West line of Tracts 9 and 8

  7         and their Northerly prolongation to an

  8         intersection with the South line of Tier 13;

  9         thence Westerly along the South line of Tiers

10         15, 17, 19, 21, 23, 25, 27 and 29, and their

11         prolongations thereof to the Southwest corner

12         of Tract 8, Tier 29; thence Northerly along the

13         West line of Tier 29 to the Southwest corner of

14         Tract 4, Tier 29; thence Westerly along the

15         South line of Tract 4, Tiers 31, 33, 35 and 37

16         and their prolongations thereof to the

17         Southwest corner of Tract 4, Tier 37; thence

18         run Northerly along the West line of said Tier

19         37, to the North right-of-way line of the North

20         New River Canal; thence run northwesterly along

21         the north side of the north bank of the said

22         canal to the intersection of said bank with the

23         west line of Section 4, Township 50 South,

24         Range 40 East; thence southerly along the west

25         line of Sections 4, 9, 16, 21 and 28 of

26         Township 50 South, Range 40 East, to the South

27         side of the south bank of the South New River

28         Canal; thence Easterly along the south side of

29         the south bank the South New River canal to its

30         intersection with the west line of Section 27,

31         Township 50 South, Range 40 East; thence

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         southerly along the west line of Sections 27

  2         and 34, Township 50 South, Range 40 East and

  3         continuing along the West line of Section 3

  4         Township 51 South, Range 40 East to the

  5         Southwest corner of Section 3, Township 51

  6         South, Range 40 East; thence east along the

  7         south line of Sections 3, 2 and 1 in Township

  8         51 South, Range 40 East and continuing along

  9         the south line of Sections 6, 5 and 4, in

10         Township 51 South, Range 41 East, to the

11         northwest corner of Section 10, Township 51

12         South, Range 41 East; thence, run south along

13         the west line of said Section 10 to the

14         southwest corner of the north half of said

15         Section 10; thence, run east along the south

16         line of the north half of Sections 10, 11 and

17         12, in Township 51 South, Range 41 East, to the

18         east bank of the drainage ditch along the west

19         side of the Florida Turnpike; thence, run north

20         along the east bank of said ditch to the south

21         line of Section 36, Township 50 South, Range 41

22         East; thence, run east along the south line of

23         said Section 36 to the east side of State Road

24         #7; thence, in a northerly direction along the

25         east side of said State Road #7 to the point of

26         beginning.

27         Section 3.  Powers.--The district is hereby granted and

28  shall have full power and authority as follows:

29         a.  To contract and be contracted with.

30         b.  To sue and be sued.

31         c.  To plead and to be impleaded in all courts.

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         d.  To acquire by purchase, gift, devise, condemnation,

  2  eminent domain, or otherwise, property, real or personal, or

  3  any estate therein, within or without the district, to be used

  4  for any purpose necessary or to meet the needs of any of the

  5  purposes of this act.

  6         e.  To establish, construct, operate, and maintain a

  7  system of main and lateral canals, drains, ditches, levees,

  8  dikes, dams, sluices, locks, revetments, reservoirs, holding

  9  basins, floodways, pumping stations, syphons, culverts, and

10  storm sewers, and to connect some or any of them as within the

11  judgment of the board of commissioners is deemed advisable to

12  drain and provide water management services conducted pursuant

13  to this section for the lands within the district created.

14         f.  To acquire and maintain appropriate sites for

15  storage and maintenance of the equipment of the district.

16         g.  To acquire and maintain and/or construct a suitable

17  building to house the offices and records of the district.

18         h.  To have all the powers and rights of a body

19  corporate and to adopt and use a seal and to alter the same at

20  the pleasure of a majority of the board of commissioners.

21         i.  To clean out, straighten, widen, open up or change

22  the course and flow, alter, or deepen any canal, ditch, drain,

23  river, water course, or natural stream as within the judgment

24  of the board of commissioners is deemed advisable to drain and

25  provide water management services conducted pursuant to this

26  section for the lands within the said district hereby created.

27         j.  To acquire, purchase, operate, and maintain pumps,

28  plants, and pumping systems for drainage purposes.

29         k.  To construct, operate, and maintain irrigation

30  works and machinery in connection with the purposes herein set

31  forth.

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         l.  To construct, improve, pave, and maintain roadways

  2  and roads necessary and convenient for the exercise of the

  3  powers and duties herein set forth.

  4         m.  To regulate and set forth by appropriate order the

  5  drainage requirements and other auxiliary conditions to be met

  6  for plats to be entitled to record on any land within the

  7  district, including authority to require as a condition

  8  precedent for any platting that good and sufficient bond be

  9  posted to assure proper drainage and water management for the

10  area to be platted.

11         n.  To borrow money for periods over 1 year and issue

12  negotiable paper or other bonds of the district as hereinafter

13  provided.

14         o.  To borrow money from time to time for periods under

15  1 year and issue negotiable notes or other notes of said

16  district as provided in this act.

17         p.  To build and construct any other works and

18  improvements deemed necessary to preserve and maintain the

19  works in or out of said district.

20         q.  To acquire, construct, operate, maintain, use,

21  sell, convey, transfer, or otherwise provide for pumping

22  stations, including pumping machinery, motive equipment,

23  electric lines, and all appurtenant or auxiliary machines,

24  devices, or equipment for the purpose of drainage and water

25  management services conducted pursuant to this section.

26         r.  To 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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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         s.  To construct or enlarge, or cause to be constructed

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

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

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

  5  railroad right-of-way, tract, grade, fill, or cut.

  6         t.  To construct roadways over levees and embankments.

  7         u.  To construct any and all of said works and

  8  improvements across, through, or over any public highway,

  9  railroad right-of-way, track, grade, fill, or cut in or out of

10  the district.

11         v.  To remove any fence, building, or other

12  improvements, in or out of the district for purposes of

13  drainage and water management services conducted pursuant to

14  this section.

15         w.  To hold, control, and acquire by donation or

16  purchase, condemnation, easement, railroad right-of-way,

17  sluice, reservation, holding basin, or franchise in or out of

18  said district for right-of-way, holding basin, for any of the

19  purposes herein provided, or for material to be used in

20  constructing and maintaining said works and improvements for

21  drainage, protecting, and providing water management services

22  conducted pursuant to this section for the lands in said

23  district.

24         x.  To condemn or acquire, by purchase or grant, or by

25  exercise of the right of eminent domain, for use in the

26  district, any land or property within or without said district

27  and acquire or condemn any other property within or without

28  said district and shall follow in connection therewith the

29  procedure set out in chapter 73, Florida Statutes, (Eminent

30  Domain) which shall be construed so as to be applicable to the

31  district created hereby.

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         y.  To assess and impose upon all of the lands in the

  2  district an annual tax as provided in this act.

  3         z.  To impose and foreclose special assessment liens as

  4  provided in this act.

  5         aa.  To prohibit, regulate, and restrict by appropriate

  6  resolution of the board of commissioners all structures,

  7  materials, and things, whether solid, liquid, or gas, whether

  8  permanent or temporary in nature, which come upon, come into,

  9  connect to, or be a part of any of the main or lateral drains,

10  ditches, canals, levees, dikes, dams, sluices, revetments,

11  reservoirs, holding basins, floodways, pumping stations, and

12  syphons which may have been heretofore created or which may be

13  hereafter created or which may be hereafter constructed.

14         bb.  To administer and provide for the enforcement of

15  all the provisions herein, including the making, adopting,

16  promulgating, amending, and repealing of all rules and

17  regulations necessary or convenient for the carrying out of

18  the duties, obligations, and powers conferred on the district

19  created hereby and further for the proper administration and

20  enforcement hereof.

21         cc.  To cooperate with or contract with other drainage

22  districts or governmental agencies as may be necessary,

23  convenient, incidental, or proper in connection with any of

24  the powers, duties, or purposes of the district as stated in

25  this charter.

26         dd.  To employ engineers, attorneys, agents, employees,

27  and representatives as the board of commissioners may from

28  time to time determine necessary and to fix their compensation

29  and duties.

30         ee.  To exercise all of the powers necessary,

31  convenient, incidental, or proper in connection with any of

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  the powers, duties, or purposes of the district as stated in

  2  this act; however, none of the powers contained herein shall

  3  apply to the works of the South Florida Water Management

  4  District.

  5         Section 4.  Board of commissioners.--

  6         a.  The governing board of the district shall be

  7  designated as the board of commissioners of the Central

  8  Broward Water Control District and shall be composed of six

  9  members who shall be known as commissioners.

10         b.  All commissioners shall be elected on an at-large

11  nonpartisan basis, by the qualified electors residing within

12  the district zone that the election is for, in accordance with

13  the procedure provided in this act. No district commissioner

14  elected prior to July 1, 1987, shall be affected in his or her

15  term of office.

16         c.  The board of commissioners of the Central Broward

17  Water Control District shall hereafter be elected on a basis

18  of each of the six commissioners representing one of the six

19  respective geographical zones of the entire district as

20  provided herein. In qualifying for such office, each candidate

21  shall designate the zone he or she is qualifying for.

22         d.  The six zones of the entire district are as

23  follows:

24

25         Zone 1:  Beginning at the intersection of the

26         north side of the north bank of the North New

27         River Canal with the west line of Section 4,

28         Township 50 South, Range 40 East, Broward

29         County, Florida;  thence, run southeasterly

30         along the north side of the north bank of said

31         canal to the intersection of said bank with the

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         east line of Section 12, Township 50 South,

  2         Range 40 East; thence run southerly along the

  3         east line of said Section 12, Township 50

  4         South, Range 40 East to the Southeast corner of

  5         said Section 12, Township 50 South, Range 40

  6         East, thence run westerly along the south line

  7         of said Section 12, Township 50 South, Range 40

  8         East to the Southwest corner of said Section

  9         12, Township 50 South, Range 40 East, thence

10         run southerly along the east line of Sections

11         14, 23 and 26, Township 50 South, Range 40 East

12         to the intersection with the south side of the

13         south bank of the South New River Canal; thence

14         run westerly along the south side of the south

15         bank of said canal to the intersection with the

16         west line of Section 28, Township 50 South,

17         Range 40 East; thence, run northerly along the

18         west line of Sections 28, 21, 16, 9 and 4,

19         Township 50 South, Range 40 East to the point

20         of beginning.

21

22         Zone 2:  Beginning at the intersection of the

23         north side of the north bank of the North New

24         River Canal with the east line of Section 12,

25         Township 50 South, Range 40 East, Broward

26         County, Florida; thence run southeasterly along

27         the north side of the north bank of said canal

28         to the intersection of said bank with the east

29         line of Section 16, Township 50 South, Range 41

30         East; thence run southerly along the east line

31         of said Section 16, Township 50 South, Range 41

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         East to the southeast corner of said Section

  2         16, Township 50 South, Range 41 East; thence

  3         run westerly along the south line of said

  4         Section 16, Township 50 South, Range 41 East to

  5         the southwest corner of said Section 16,

  6         Township 50 South, Range 41 East; thence run

  7         southerly along the east line of Section 20,

  8         Township 50 South, Range 41 East, to the

  9         southeast corner of said Section 20, Township

10         50 South, Range 41 East; thence run westerly

11         along the south line of Sections 20 and 19,

12         Township 50 South, Range 41 East, to the

13         southwest corner of said Section 19, Township

14         50 South, Range 41 East; thence continue

15         westerly along the extension of the south line

16         of said Section 19, Township 50 South, Range 41

17         East across the Hiatus between the west line of

18         said Section 19, Township 50 South, Range 41

19         East and the east line of Section 24, Township

20         50 South, Range 40 East to a point on the east

21         line of said Section 24, Township 50 South,

22         Range 40 East; thence continue southerly along

23         the east line of Sections 24 and 25, Township

24         50 South, Range 40 East, to the intersection

25         with the south side of the south bank of the

26         South New River Canal; thence run westerly

27         along the south side of the south bank of said

28         canal to the intersection with the west line of

29         Section 25, Township 50 South, Range 40 East;

30         thence, run northerly along the west line of

31         Sections 25, 24 and 13, Township 50 South,

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         Range 40 East to the Southwest corner of

  2         Section 12, Township 50 South, Range 40 East,

  3         thence run easterly along the south line of

  4         said Section 12, Township 50 South, Range 40

  5         East to the Southeast corner of said Section

  6         12, Township 50 South, Range 40 East, thence

  7         run northerly along the east line of said

  8         Section 12, Township 50 South, Range 40 East,

  9         to the point of beginning.

10

11         Zone 3:  Beginning at the intersection of the

12         south side of the south bank of the South New

13         River Canal and the east right-of-way line of

14         State Road No. 7; thence, run northerly along

15         the east side of said State Road No. 7 to the

16         north line of Section 25, Township 50 South,

17         Range 41 East; thence run westerly along the

18         north line of Sections 25 and 26, Township 50

19         South, Range 41 East, to its intersection with

20         the west line of Tract 8, Tier 29, as shown by

21         the Plat of NEWMAN'S SURVEY, as recorded in

22         Plat Book 2, Page 26, of the Public Records of

23         Dade County, Florida, (all subsequent

24         references to Tract and Tier numbers refer to

25         this Plat) also known as the Southwest corner

26         of Tract 8, Tier 29; thence run northerly along

27         the west line of Tier 29 for a distance of

28         3,356.37 feet more or less to the southwest

29         corner of Tract 4, Tier 29; thence run westerly

30         along the south line of Tract 4 in Tiers 31,

31         33, 35 and 37 and their prolongations thereof

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         for a distance of 2,399.28 ft. more or less to

  2         the southwest corner of Tract 4, Tier 37;

  3         thence run northerly along the west line of

  4         said Tier 37 for a distance of 3,456 ft. more

  5         or less to the north right-of-way line of the

  6         North New River Canal; thence run northwesterly

  7         along the north side of the north bank of said

  8         canal to the intersection of said bank with the

  9         west line of Section 15, Township 50 South,

10         Range 41 East; thence, run southerly along the

11         east line of Section 16, Township 50 South,

12         Range 41 East to the southeast corner of said

13         Section 16, Township 50 South, Range 41 East;

14         thence run westerly along the south line of

15         said Section 16, Township 50 South, Range 41

16         East to southwest corner of said Section 16,

17         Township 50 South, Range 41 East; thence run

18         southerly along the east line of Section 20,

19         Township 50 South, Range 41 East, to the

20         southeast corner of said Section 20, Township

21         50 South, Range 41 East; thence run westerly

22         along the south line of Sections 20 and 19,

23         Township 50 South, Range 41 East to the

24         southwest corner of said Section 19, Township

25         50 South, Range 41 East; thence continue

26         westerly along the extension of the south line

27         of said Section 19, Township 50 South, Range 41

28         East across the Hiatus between the west line of

29         said Section 19, Township 50 South, Range 41

30         East and the east line of Section 24, Township

31         50 South, Range 40 East to a point on the east

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         line of said Section 24, Township 50 South,

  2         Range 40 East; thence continue southerly along

  3         the east line of Sections 24 and 25, Township

  4         50 South, Range 40 East, to the intersection

  5         with the south side of the south bank of the

  6         South New River Canal; thence, run easterly

  7         along the south side of the south bank of said

  8         canal to the point of beginning. Less the

  9         following described property: Beginning at the

10         southeast corner of Tract 7, Section 25,

11         Township 50 South, Range 41 East, as shown by

12         Plat of NEWMAN'S SURVEY, as recorded in Plat

13         Book 2, Page 26, Public Records of Dade County,

14         Florida (all subsequent references to Tract and

15         Tier numbers refer to this plat); thence run

16         westerly along the south line of said Tract 7

17         to the northeast corner of Tract 9 of said

18         Section 25, Township 50 South, Range 41 East;

19         thence southerly along the east line of said

20         Tract 9 to the southeast corner of said Tract

21         9; thence westerly along the south line of said

22         Tract 9 to the southwest corner of said Tract

23         9; thence northerly along the west line of

24         Tracts 9 and 8 and their northerly prolongation

25         to an intersection with the south line of Tier

26         13; thence easterly along the south line of

27         Tiers 13, 11 and 9 and their prolongations

28         thereof to an intersection with the northerly

29         extension of the east line of tract 7; thence

30         southerly along the east line of Tract 7 to the

31         point of beginning.

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1

  2         Zone 4:  Beginning at the intersection of the

  3         east right-of-way line of State Road No. 7 and

  4         the south side of the south bank of South New

  5         River Canal; thence, run southerly along with

  6         east side of said State Road No. 7 to the south

  7         line of Section 36, Township 50 South, Range 41

  8         East; thence, run westerly along the south line

  9         of Sections 36, 35, 34, 33 and 32 in Township

10         50 South, Range 41 East to the Northeast corner

11         of Section 5, Township 51 South, Range 41 East;

12         thence, run southerly to the Southeast corner

13         of said Section 5, Township 51 South, Range 41

14         East; thence, run westerly along the South line

15         of Sections 5 and 6, Township 51 South, Range

16         41 East to the Southwest corner of said Section

17         6, Township 51 South, Range 41 East; thence,

18         run northerly along the west line of Section 6,

19         Township 51 South, Range 41 East to the

20         Northwest corner of said Section 6, Township 51

21         South, Range 41 East; thence, run easterly

22         along the north line of Sections 6 and 5,

23         Township 51 South, Range 41 East to the

24         Southwest corner of Section 32, Township 50

25         South, Range 41 East; thence, run northerly

26         along the west line of Sections 32 and 29,

27         Township 50 South, Range 41 East to the south

28         side of the south bank of the South New River

29         Canal; thence run easterly along the south side

30         of the south bank of the South New River Canal

31         to the point of beginning.

                                  16

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1

  2         Zone 5:  Beginning at the Northwest corner of

  3         Section 4, Township 51 South, Range 41 East;

  4         thence, run southerly along the west line of

  5         said Section 4, Township 51 South, Range 41

  6         east to the Southwest corner of said Section 4,

  7         Township 51 South, Range 41 East; thence, run

  8         easterly along the south line of said Section

  9         4, Township 51 South, Range 41 East, to the

10         northwest corner of Section 10, Township 51

11         South, Range 41 East; thence, run southerly

12         along the west line of said Section 10,

13         Township 51 South, Range 41 East to the

14         southwest corner of the north half of said

15         Section 10, Township 51 South, Range 41 East;

16         thence run easterly along the south line of the

17         north half of Sections 10, 11 and 12, in

18         Township 51 South, Range 41 East to the east

19         bank of the drainage ditch along the west side

20         of the Sunshine State Parkway (Florida

21         Turnpike); thence, run northerly along the east

22         bank of said ditch to the north line of Section

23         1, Township 51 South, Range 41 East; thence,

24         run westerly along the north line of Sections

25         1, 2, 3 and 4, Township 51 South, Range 41 East

26         to the point of beginning.

27

28         Zone 6:  Beginning at the southwest corner of

29         Section 3, Township 51 South, Range 40 East;

30         thence northerly along the west line of said

31         Section 3, Township 51 South, Range 40 East to

                                  17

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         the southwest corner of Section 34, Township 50

  2         South, Range 40 East; thence northerly along

  3         the west line of Sections 34 and 27, Township

  4         50 South, Range 40 East to the intersection

  5         with the south side of the south bank of the

  6         South New River Canal; thence easterly along

  7         said south bank to the intersection with the

  8         east line of Section 30, Township 50 South,

  9         Range 41 East; thence southerly along the east

10         line of Sections 30 and 31, Township 50 South,

11         Range 41 East to the north line of Section 5,

12         Township 51 South, Range 41 East; thence

13         westerly along the north line of Sections 5 and

14         6, Township 51 South, Range 41 East to the

15         Northeast corner of Section 1, Township 51

16         South, Range 40 East; thence southerly along

17         the east line of Section 1, Township 51 South,

18         Range 40 East to the Southeast corner of said

19         Section 1, Township 51 South, Range 40 East;

20         thence westerly along the south line of

21         Sections 1, 2 and 3, Township 51 South, Range

22         40 East to the point of beginning.

23         e.  All commissioners shall serve a term of 4 years. An

24  election shall be held every 2 years to elect successors for

25  each group, so as to have the various successors elected at

26  the expiration of the term of the respective groups.

27         f.  A commissioner shall, at the time of qualification

28  for office, be a resident of the respective zone that he or

29  she desires to represent for the 30 days immediately preceding

30  the date of qualifying for nomination to office. A

31

                                  18

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  commissioner at the time of his or her qualification for

  2  office shall be a qualified voter in Broward County.

  3         g.  The compensation of each commissioner shall be set

  4  by appropriate resolution of the board of commissioners, but

  5  shall not exceed $400 dollars per month. Expenses shall be

  6  reimbursed pursuant to Florida Statutes pertaining to per diem

  7  and travel expenses of public officers, employees, and

  8  authorized persons, and any subsequent amendments thereto.

  9         h.  Whenever a commissioner shall be absent from every

10  commission meeting held in 2 consecutive calendar months, such

11  commissioner shall at the discretion of the board of

12  commissioners receive no compensation nor reimbursement of

13  expenses for the next succeeding 2-month period. Such period

14  shall be cumulative.

15         i.  In the event that a vacancy should occur in the

16  office of a commissioner, the remaining commissioners shall

17  forthwith appoint by a majority vote a successor commissioner

18  having the same qualifications, including zone resident

19  requirements, as prescribed herein for the office vacated, for

20  the unexpired term. If the commissioners shall fail to appoint

21  a successor commissioner within 30 days after a vacancy should

22  occur, the Governor shall appoint a successor commissioner for

23  the unexpired term. There is no prohibition on a commissioner

24  succeeding himself or herself in term of office.

25         j.  Those commissioners holding office as of January 1,

26  1998, shall serve their full 4-year term. Those commissioners

27  elected in 1998 and 2000 shall assume office on the first

28  Tuesday after the first Monday in January following their

29  elections and shall be installed at the first regularly

30  scheduled meeting in January following their assumption of

31  office and shall serve until the first regular meeting

                                  19

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  following the first Tuesday after the first Monday in November

  2  2002 and 2004, respectively. Subsequently elected

  3  commissioners shall assume office and shall be installed at

  4  the first regularly scheduled meeting following their

  5  election.

  6         Section 5.  Elections.--

  7         a.  All general district elections and primaries for

  8  same, unless otherwise provided in this charter, shall be in

  9  accordance with the Florida Election Code and revisions

10  thereto.

11         b.  Only such qualified persons for the respective

12  offices shall be eligible to become candidates for such

13  respective offices. The names of all candidates who qualify

14  for an election shall be printed upon the election ballot.

15  Every candidate for nomination for office shall pay to the

16  Supervisor of Elections of Broward County a filing fee in the

17  amount of 3 percent of the annual salary of the office and

18  shall designate the office for which he or she has qualified.

19  Each candidate for nomination for an office shall also take,

20  sign, and subscribe to an oath or affirmation in writing in

21  substantially the following form:

22

23  STATE OF FLORIDA    )

24                      ) ss.

25  COUNTY OF BROWARD   )

26

27         BEFORE ME, an officer authorized to administer oaths,

28  personally appeared                 , to me well known, who,

29  being sworn says that he or she is a candidate for office of

30  commissioner for zone      for the Central Broward Water

31  Control District; that he or she is a qualified elector of

                                  20

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  Broward County, Florida; that he or she is qualified under the

  2  Constitution, the laws of Florida and the laws of Central

  3  Broward Water Control District to which he or she desires to

  4  be nominated or elected; that he or she has taken the oath

  5  required by ss. 876.05-876.10, Florida Statutes (public

  6  employees; oath); that he or she has not violated any of the

  7  laws of the state relating to elections or the registration of

  8  electors; that he or she has qualified for no other public

  9  office in the state, the terms of which office or any part

10  thereof runs concurrent with that of the office he or she

11  seeks; that he or she has resigned from any office from which

12  he or she is required to resign pursuant to s. 99.012, Florida

13  Statutes (restrictions on individuals qualifying for public

14  office); and that he or she has submitted a sworn statement of

15  contributions and expenditures, if any, incurred prior to the

16  time of qualifying and since the last preceding general

17  election; that he or she has been a resident of zone      of

18  the district for the 30 days immediately preceding the date of

19  qualifying for nomination to office or is otherwise qualified

20  for nomination to office as commissioner of zone       of the

21  district; and that he or she is an owner in fee simple of land

22  within the district.

23                                                                

24                                          Signature of Candidate

25

26  SWORN TO and subscribed before me

27  this      day of             , 19  .

28

29                         

30  Notary Public

31

                                  21

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         c.  Candidates for office shall be required to file

  2  their qualification oath, fee, and designation of office with

  3  the Supervisor of Elections of Broward County, at any time

  4  after noon of the first day for qualifying, which shall be the

  5  50th day prior to the first primary, but not later than noon

  6  the 46th day prior to the first primary. If a candidate fails

  7  to comply with the provisions herein, that candidate's name

  8  shall not appear on the ballot. A candidate who has filed the

  9  required oath and has paid the qualifying fee and otherwise

10  complied with the provisions herein shall be entitled to have

11  his or her name printed on the official ballot.

12         d.  If only two persons qualify for any one particular

13  zone, then there shall be no primary election, and those

14  candidates shall appear on the general election ballot. If

15  more than two candidates qualify for any one particular zone,

16  then the names of those candidates shall be placed on the

17  ballot at the first primary election. The two candidates

18  receiving the highest number of votes of the electors for each

19  zone in the first primary election shall have their names

20  printed on the ballot for the general district election.

21         e.  The candidate receiving the highest number of votes

22  cast by the electors in the general district election shall be

23  declared elected, as certified by the board of county

24  canvassers of Broward County.

25         f.  The name of an unopposed candidate for the office

26  of commissioner shall not appear on any ballot, and such

27  candidate shall be deemed to have voted for himself or herself

28  at the general district election.

29         g.  Upon receipt of the certificate of the county

30  canvassers board, the district secretary shall transmit such

31

                                  22

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  returns to the board of commissioners at the next regularly

  2  scheduled meeting.

  3         h.  The general district election shall be held on the

  4  first Tuesday after the first Monday in November of each

  5  even-numbered year. Each person to be allowed to vote in any

  6  election must be a qualified elector of the State of Florida,

  7  must be a permanent resident of the district and zone which

  8  the election of commissioner is for, and must be registered as

  9  a voter of Broward County. All elections shall be conducted on

10  the principles adopted for state and county elections.

11         i.  In all elections, the regular registration books of

12  Broward County covering an area of the district shall be used,

13  and only those persons who are shown thereon as qualified

14  electors and residing within the district and zone which the

15  election of commissioner is for shall be entitled to vote in

16  said election.

17         Section 6.  Recall.--

18         a.  Whenever 50 percent of the freeholders qualified to

19  vote as prescribed herein from each and every zone of the

20  district created hereby shall sign a petition addressed to the

21  board of commissioners demanding that a recall election be

22  held, the board of commissioners shall take the following

23  action:

24         (1)  Said petition shall be referred to and handed over

25  to the secretary not later than 10 days after the board of

26  commissioners has been presented with the petition.

27         (2)  Order the secretary to, and the secretary shall,

28  check the persons' names and eligibility signing the petition.

29  The secretary shall have 10 days in which to return same to

30  the board of commissioners along with his or her certification

31

                                  23

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  as to whether or not the petition contains the proper

  2  percentage of registered freeholders as prescribed herein.

  3         (3)  If the petition is valid as to the percentage of

  4  petitioners, then the board of commissioners shall issue its

  5  resolution proclaiming a recall election of those

  6  commissioners whom the petition shall name. The resolution

  7  shall contain all information required by this charter as set

  8  forth herein.

  9         b.  The recall petition shall state the name or names

10  of the elected commissioners desired to be recalled. No reason

11  or reasons for such recall shall be required to be stated in

12  the petition.

13         c.  In addition to proclaiming the recall election of

14  the commissioner, the resolution shall state the date for the

15  holding of the election, which shall be not more than 60 days

16  after the date of the resolution. Further, the resolution

17  shall set the date of qualifying of candidates for the

18  election, which date shall be not more than 20 days from the

19  passage of the resolution.

20         d.  The elected commissioner sought to be recalled

21  shall remain in office and carry on his or her regular duties

22  until his or her successor, if any there be, is elected and

23  takes office. In the event the commissioner sought to be

24  recalled desires to stand for election in the recall election,

25  he or she shall qualify in the same manner as any other

26  candidate.

27         e.  The recall election shall be held as any other

28  general election of commissioners. The offices sought to be

29  vacated shall be treated as though the term of the offices

30  filling that post were expiring.

31

                                  24

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         f.  In the event that more than two persons qualify for

  2  each office sought to be vacated, then a primary election

  3  shall be held and the time of holding such primary election

  4  shall be not more than 35 days after the date of the recall

  5  resolution.

  6         g.  The person elected to the office vacated or sought

  7  to be vacated shall take the oath of office and assume the

  8  duties of the office not later than 7 days after the final

  9  election.

10         Section 7.  Organization of board of commissioners.--At

11  the first regularly scheduled meeting following the first

12  Tuesday after the first Monday in November each year, the

13  board of commissioners shall assemble and organize by choosing

14  one of their members chair of the board, and choosing another

15  one of their members vice chair. Those commissioners elected

16  to the position of chair or vice chair in January 1998, shall

17  continue in those offices until the expiration of their terms.

18  Those commissioners elected to the position of chair or vice

19  chair in January 1999, shall hold those offices until the

20  first regularly scheduled meeting following the first Tuesday

21  after the first Monday in November 1999. The chair shall

22  preside at all meetings. In the chair's absence, the vice

23  chair shall preside and have the same powers and be subject to

24  the same limitations as the chair. Four members of the board

25  including the chair, or the vice chair in the chair's absence,

26  shall constitute a quorum for all purposes. The board shall

27  establish its own rules of procedure. In all matters, the

28  board shall act by resolution and the affirmative votes of a

29  majority, but not less than three of the members of the board

30  that are present at district meetings shall be required to

31  make any determination or effect any action.

                                  25

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         Section 8.  Principal office.--The principal office of

  2  the board of commissioners shall be located within the

  3  district and the board shall hold general business meetings at

  4  such place or places within the district not less than once

  5  per month. The board shall have the right to transact business

  6  or hold special meetings at such other place or places within

  7  the district as may be deemed necessary by a majority of the

  8  commissioners.

  9         Section 9.  Secretary.--The board shall employ some

10  competent person as secretary of the district, who shall

11  administer all clerical and secretarial duties of the district

12  and shall be a full-time employee of the district. The salary

13  of the said secretary shall be fixed by the board. The board

14  may require the secretary to execute a bond for the faithful

15  performance of his or her duties. The secretary shall keep a

16  record of the proceedings of the board and of the minutes of

17  the meetings of the board in a substantially bound book, which

18  shall be open to inspection by any person interested in the

19  district or his or her agent or attorney, at all reasonable

20  times.

21         Section 10.  Treasurer.--The board shall employ some

22  competent person or some bank or trust company as treasurer of

23  the district. The treasurer shall execute a bond to the

24  district in such sum as shall be fixed by the board with a

25  surety company as surety. The same person may act as secretary

26  and treasurer of district at the discretion of the board.

27         Section 11.  Appointment and duties of district

28  manager.--For the purpose of maintaining and preserving any

29  ditch, road, drain, dike, levee, or other works constructed or

30  erected within the district under the provisions of this

31  charter, for maintaining facilities and equipment owned by the

                                  26

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  district, and the maintenance of canals and other works of the

  2  district, including the removal of obstructions from the same,

  3  and such other duties as may be prescribed by the board, the

  4  board may employ a district manager who shall have charge and

  5  supervision of the works and operations of the district. The

  6  same person may act as secretary, treasurer, and manager of

  7  the district at the discretion of the board. In the event more

  8  than one person is employed by the board as secretary,

  9  treasurer, and/or manager, the person appointed manager shall

10  be the person who shall act as the chief operating employee of

11  the district.

12         Section 12.  Taxation.--

13         a.  The board of commissioners of the district is

14  authorized to levy taxes on land only and not upon any

15  improvements thereon within the district up to and including 5

16  mills per dollar of assessed valuation. In the absence of any

17  contrary action of the board of commissioners acting as a

18  budget commission as herein provided, the tax rate of each

19  calendar year shall be at the maximum provided herein.

20         b.  Such taxes as provided herein and as may be

21  determined to be necessary by the board of commissioners,

22  acting as budget commission for the district for the operation

23  of the affairs of the district, shall be certified to the

24  Property Appraiser of Broward County, by the board of

25  commissioners of Central Broward Water Control District, and

26  shall be placed upon the tax rolls of Broward County, by the

27  property appraiser, and shall be collected by the Tax

28  Collector of Broward County, as now provided by law, and such

29  taxes so levied shall become a lien under the law against the

30  property within the boundaries of the Central Broward Water

31  Control District and enforceable under the laws of the State

                                  27

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  of Florida pertaining to the Central Broward Water Control

  2  District.

  3         c.  The manner and basis of taxation for the year 1970

  4  shall be the same as existed for the Central Broward Water

  5  Control District prior to the enactment hereof.

  6         Section 13.  Special assessments.--The district created

  7  hereby may provide for the construction, reconstruction, and

  8  repair of special drainage facilities; the widening and

  9  guttering of canals and ditches; and the draining of lands,

10  streets, boulevards, and alleys; and the district may order

11  the construction or reconstruction of storm sewers and drains,

12  including the necessary appurtenances thereto, and may provide

13  for the payment of all or any part of the costs of such

14  improvements by levying and collecting special assessments on

15  the abutting, adjoining, contiguous, or other specifically

16  benefited property.

17         a.  Special assessments against property deemed to be

18  benefited by such improvements, as provided in this

19  subsection, shall be assessed upon the property specially

20  benefited by the improvement in proportion to the benefits to

21  be derived therefrom, the special benefits to be determined

22  and prorated according to the front footage or square footage

23  of the respective properties specially benefited by the

24  improvement, or by such other method as the board of

25  commissioners may prescribe.

26         b.  Whenever the board of commissioners shall determine

27  that it is wise and expedient to make any of the local

28  improvements herein specified, the cost of which, or any part

29  thereof, is to be assessed against property benefited, it

30  shall adopt a resolution declaring a necessity for the

31  proposed improvement, describing the nature and extent of the

                                  28

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  work, the general character of materials to be used, a general

  2  description of such improvements, the estimated cost of the

  3  improvements and the location or area in which such

  4  improvements are to be made. Said resolution shall fix a date

  5  when the board of commissioners shall meet, which shall not be

  6  less than 12 days after the date of the first publication of

  7  the notice herein provided, for the purpose of hearing any

  8  objections or remonstrances that may be made to said

  9  improvements. Notice of the hearing upon said resolution shall

10  be published once a week for 2 consecutive weeks in a

11  newspaper of general circulation in the district, the first

12  publication to be not less than 12 days prior to the date

13  fixed for hearing, which notice shall embrace substantially

14  all the matters required to be set forth in the resolution of

15  necessity.

16         c.  At the meeting for hearing objections, or at a time

17  and place to which the same may be adjourned, any person

18  aggrieved may appear in person, by attorney, or by petition,

19  and may object to or protest against said improvements. The

20  board of commissioners shall consider the objections and

21  protests, if any, and may confirm, amend, modify, or rescind

22  the resolution of necessity, and shall determine whether the

23  improvement shall be made, and how the cost thereof shall be

24  paid. The determination of the board of commissioners shall be

25  final and conclusive. If the board of commissioners determines

26  to proceed with such improvements as originally proposed or in

27  an amended or modified form, it shall adopt a resolution

28  determined to proceed, as hereinafter set out.

29         d.  The owner of any lot or land bounding and abutting

30  upon a proposed special improvement, who claims that he or she

31  will sustain damage by reason of the improvement, shall

                                  29

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  present such claim to the board of commissioners at the time

  2  of its meeting on the question of whether it should proceed

  3  with the improvement as provided in the preceding subsection.

  4  Such claim shall be in writing and shall set forth the amount

  5  of damages claimed, with a general description of the property

  6  with respect to which it is claimed the damage will accrue.

  7  Any owner who fails so to do shall be deemed to have waived

  8  such damage and shall be barred from thereafter filing a claim

  9  or receiving damages therefor. This provision shall apply to

10  all damage which will obviously result from the improvement,

11  but shall not deprive the owner of his or her right to recover

12  damages arising without his or her fault from acts of the

13  district or its agents.

14         e.  If, after hearing the objections and protests, if

15  any, the board of commissioners determines that it is

16  expedient to proceed with such improvement in the original or

17  modified form, the board of commissioners shall adopt a

18  resolution determining to proceed with such improvement, which

19  resolution shall disclose what part of the total cost and

20  expenses of the improvement shall be chargeable against and

21  assessed against the property benefited by the improvement,

22  and what part of proportion of the total cost shall be paid by

23  the board of commissioners from its general fund or any

24  special fund on hand for such purposes. The resolution may

25  direct that the whole or any part of the cost and expenses

26  thereof be assessed against the property abutting upon the

27  improvement; or may provide that all property benefited by the

28  improvement may be assessed for such improvement in the manner

29  set out therein.

30         f.  The board of commissioners shall have the power to

31  pay out of its general fund, or out of any special fund that

                                  30

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  may be provided for the purpose, such portion of the cost of

  2  the proposed improvement as it may deem to be the proper

  3  portion to be borne by the district. Interest accrued while an

  4  improvement is under construction, and for 6 months

  5  thereafter, shall be deemed part of the cost of the

  6  improvement. All engineering and inspection costs and legal

  7  and advertising costs, including a proper proportion of the

  8  compensation, salaries, and expenses of the engineering staff,

  9  properly chargeable to any improvement, shall be deemed a part

10  of the cost of the improvement. When revenue bonds or

11  certificates are issued in order to obtain money with which to

12  make the improvement, all costs and estimated costs incurred

13  in issuing such revenue bonds or certificates and obtaining

14  such funds shall be deemed a part of the cost of the

15  improvement. When local improvements are made by the district,

16  all legal charges, advertising costs, engineering costs,

17  payroll, materials, equipment rental at the prevailing rates,

18  plus not more than 15 percent of the total of payroll,

19  material, and equipment rental cost for general overhead

20  expense, may be included in the cost of the improvement. When

21  the improvement has been completed, the board of commissioners

22  shall ascertain and determine the total cost of the

23  improvement.

24         g.  When a majority of the recorded owners of the lands

25  liable to be assessed for any special local improvement shall

26  petition the board of commissioners for any such improvement,

27  the board of commissioners may order such improvement to be

28  made. Other public improvement shall be made at the discretion

29  of the board of commissioners.

30         h.  Upon the completion of any improvement hereunder,

31  the board of commissioners shall cause to be prepared a roll

                                  31

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  or list to be called the assessment list, showing the

  2  improvement number, the number of the assessment lien, a

  3  description of each lot or parcel of land proposed to be

  4  assessed, the amount to be charged against each lot or parcel

  5  of land, and the name of each owner as shown on the tax roll

  6  or records of the district. Such list shall be a public record

  7  constituting notice to the public of the lien against the land

  8  so assessed, and no other record or notice thereof shall be

  9  necessary to any person or corporation for that purpose. No

10  errors, omissions, or mistakes in regard to description of

11  property shall be held to invalidate any assessment appearing

12  upon such assessment list, where the description given is

13  sufficient to identify the property. After the completion of

14  said assessment list, it shall be delivered to the secretary,

15  who shall thereupon give notice by publication once a week for

16  2 weeks in some newspaper of general circulation in Broward

17  County that the assessment list has been delivered to him or

18  her and is open for inspection at his or her office, and that

19  at the time and place therein mentioned, not less than 15 days

20  after the first publication. The board of commissioners will

21  meet to hear and determine any objections or defenses that may

22  be filed to such assessment or the amount thereof. The notice

23  shall state the number of the improvement, the general

24  character of the work which has been performed, the name by

25  which the improvement is generally known, and the location in

26  which the improvement has been constructed.

27         i.  At the time fixed in the notice, or at an adjourned

28  meeting, the board of commissioners shall hear objections to

29  the amount of such assessment which may be made by the owners

30  of real property assessed for such improvement, or by parties

31  having an interest therein, and the board of commissioners

                                  32

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  shall determine and hear all objections and protests to the

  2  proposed assessments under such rules and regulations as it

  3  may adopt. The board shall have a right to change or adjust

  4  any assessment appearing upon the assessment list, at such

  5  meeting, or at any adjourned meeting thereof. When the

  6  assessment list has been finally corrected and adjusted, the

  7  board of commissioners shall adopt a resolution approving and

  8  confirming the assessment list. All assessments as finally

  9  fixed and adjusted at the hearing shall, from the date of

10  confirmation of the resolution, constitute a lien on the

11  respective lots or parcels of land, or other real property

12  upon which they are levied, superior to all other liens,

13  except those for district and county taxes. All persons who

14  fail to object to the proposed assessments in the manner

15  herein provided shall be deemed to have consented to and

16  approved the same. All persons who appear at such hearing and

17  whose objections were overruled or denied shall be deemed to

18  be bound by the action of the board of commissioners after 30

19  days from the adoption of the resolution approving and

20  confirming the assessment list, unless suit challenging the

21  assessment be filed, after which time no suit, action, writ,

22  or special proceedings in any manner questioning the legality

23  of the special assessment shall lie for any cause whatsoever.

24  Substantial compliance with the procedure outlined shall be

25  all that is necessary to render the assessment liens valid and

26  incontestable, it being the express intent of the Legislature

27  that the requirements are directory rather than mandatory.

28         j.  If any special assessment made hereunder to defray

29  the whole or part of the expense of any local improvement

30  shall be either in whole or in part annulled, vacated, or set

31  aside by the judgment of any court or if the board of

                                  33

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  commissioners shall be satisfied that any assessment is so

  2  irregular or defective that the same cannot be enforced and

  3  collected, or if the board of commissioners shall have omitted

  4  to make such assessment when it might have done so, it is

  5  hereby authorized to take all steps to cause a new assessment

  6  for the whole or any part of any improvement or against any

  7  property benefited by any improvement, following, as near as

  8  may be under the circumstances, the provisions of this

  9  charter; and in case such second assessment shall be annulled,

10  the board of commissioners may obtain and make other

11  assessments until a valid assessment is made. No omission,

12  informality, or irregularity in the proceedings preliminary to

13  the making of any special assessment shall affect the validity

14  of the same when the assessment list has been confirmed by the

15  board of commissioners, and the assessment list and the record

16  thereof kept by the district secretary shall be competent and

17  sufficient evidence that the assessment was duly levied and

18  the assessment list duly made and adopted, and that all other

19  proceedings necessary for the adoption of said assessment list

20  were duly had, taken, and performed as required by this law,

21  and no variance from the direction herein contained as to the

22  form and manner of any of the proceedings shall be held

23  material, unless it is clearly shown that the party objecting

24  was materially injured thereby. In case any special assessment

25  shall, in any suit in which its validity is questioned, be

26  adjudged invalid, the board of commissioners may in its

27  discretion notify the district treasurer and collector to

28  cease the collection of the same, if it shall have been

29  transmitted to him or her for collection, and may proceed anew

30  by proceedings either as in case of an original special

31  assessment for the same purpose or by taking up the previous

                                  34

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  proceedings at any point, and may make and levy a new

  2  assessment in the place and stead of the assessment which was

  3  adjudged invalid. The district secretary, before delivering

  4  such new assessments to the district treasurer and collector

  5  for collection, shall ascertain and note thereon payments

  6  which have been made on the invalid assessment for the same

  7  purpose, which notation shall cancel the assessments as to the

  8  parcels and lots on which the payments were made to the extent

  9  of the payments. The new assessments shall be collected in the

10  same manner as original special assessments.

11         k.  The assessments shall be payable at the time and in

12  the manner stipulated in the resolution providing for the

13  improvements, and the special assessments shall remain liens,

14  coequal with the liens of other taxes, superior in dignity to

15  all other liens, titles, and claims, until paid, and shall

16  bear interest at the rate of 12 percent per annum from the

17  date of the acceptance of the improvement and may, if so

18  provided by the resolution, be made payable in not more than

19  10 equal yearly installments, to which, if not paid when due,

20  there shall be added a penalty at the rate of 1.5 percent per

21  month, until paid, provided that the assessments may be paid

22  without interest at any time within 30 days after the

23  improvement is completed, and a resolution accepting the same

24  has been adopted by the board of commissioners. The owner of

25  the property desiring to pay his or her assessment in

26  installments, if it shall be permitted, shall, within the

27  30-day period, file with the district secretary a written

28  application to pay the assessments in installments, which

29  application shall state that the applicant and property owner

30  waives all irregularities or defects, constitutional,

31  jurisdictional, or otherwise, in the proceedings for the

                                  35

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  improvement for which the assessments are levied, and in the

  2  apportionment of the cost thereof; and, thereafter, the

  3  validity of the assessments shall not be called in question.

  4  The payment of an assessment, in whole or in part, shall

  5  constitute a waiver of all defects, constitutional,

  6  jurisdictional, or otherwise, in the proceedings. Said

  7  application shall also contain an agreement that the applicant

  8  and property owner shall pay the special assessment in

  9  installments at the date fixed by the resolution with interest

10  at the rates specified in the resolution. The application

11  shall also make a reference to the number of the improvement,

12  and shall contain a description of the lots or parcel or of

13  property of the applicant assessed for the improvement.

14         l.  Each annual installment provided for in subsection

15  k. shall be paid upon the dates specified in the resolution,

16  with interest upon all deferred payments until the entire

17  amount of the assessment has been paid, and upon the failure

18  of any property owner to pay any annual installment due, or

19  any part thereof, or any annual interest upon deferred

20  payments, the board of commissioners shall cause to be brought

21  the necessary legal proceedings by a bill in chancery to

22  enforce payment thereof with all accrued interest and

23  penalties, together with all legal costs incurred, including a

24  reasonable attorney's fee, to be assessed as part of the costs

25  and in the event of default in the payment of any installment

26  of an assessment, or any accrued interest on said assessment,

27  the whole assessment, with the interest and penalties thereon,

28  shall immediately become due and payable and subject to

29  foreclosure. In the foreclosure of any special assessment,

30  service of process against unknown or nonresident defendants

31  may be had by publication, as now provided by law in other

                                  36

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  chancery suits. The foreclosure proceedings shall be

  2  prosecuted to a sale and conveyance of the property involved

  3  in said proceedings as now provided by law in suits to

  4  foreclose mortgages; or in the alternative, said proceedings

  5  may be instituted and prosecuted under chapter 173, Florida

  6  Statutes, Foreclosure of Municipal Tax and Special Assessment

  7  Liens.

  8         m.  After the equalization, approval, and confirmation

  9  of the levying of the special assessments for improvements as

10  herein provided and as soon as a contract for the improvement

11  has been finally effected, the board of commissioners may by

12  resolution authorize a loan or authorize the issuance of

13  bonds, to be designated "improvement bond series no.   " in an

14  amount not in excess of the aggregate amount of the liens

15  levied for the improvements. The loans or bonds shall be

16  payable from a special and separate fund to be known as the

17  "improvement fund, series no.   ," which shall be used solely

18  for the payment of the principal and interest of said loans or

19  bonds and for no other purpose. The fund shall be deposited in

20  a separate bank account and all the proceeds collected by the

21  district from the principal, interest, and penalties of the

22  liens shall be deposited and held in the fund. The loans or

23  bonds so issued shall never exceed the amount of the liens

24  assessed, and the loans or bonds shall mature not later than 6

25  months after the maturity of the last installment of the

26  liens. The loans or bonds shall bear certificates signed by

27  the board of commissioners certifying that the amount of liens

28  levied, the proceeds of which are pledged to the payment of

29  the loans or bonds, are equal to the amount of the loans or

30  bonds issued. Said loans or bonds shall not be a charge on, or

31  payable out of, the general revenues of the district, but

                                  37

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  shall be payable solely out of the assessments, installments,

  2  interest, and penalties. Any surplus remaining after payment

  3  of all bonds and interest thereon shall revert to the district

  4  and be used for any district purpose.

  5         Section 14.  Annual district budget.--The Board of

  6  Commissioners of the Central Broward Water Control District

  7  shall sit as a budget commission to pass and approve a budget

  8  for the operation of the affairs of the Central Broward Water

  9  Control District. The fiscal and budget year of the district

10  shall begin on the first day of October and shall end on the

11  last day of September of the following year, unless the board

12  of commissioners, by resolution, establishes a different

13  fiscal year. The annual budget shall be a complete financial

14  plan for the ensuing budget year and shall be based upon an

15  operating budget and a capital budget. The capital budget

16  shall provide for the acquisition of real estate and other

17  fixed assets and long term liability accounting. The operating

18  budget shall provide for all other classes of expenditure. The

19  proposed budget submitted by the board of commissioners shall

20  include the following:

21         a.  A budget message in which the board of

22  commissioners shall:

23         (1)  Report on the district's financial condition and

24  prospects.

25         (2)  Explain in both terms of money and work programs

26  the important features of the operating budget.

27         (3)  Identify the major projects in the capital budget.

28         (4)  Outline the financial policies proposed for the

29  ensuing budget year.

30         b.  Appropriate statements showing for each fund the

31  estimated transactions and balances for the ensuing year and

                                  38

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  comparative data for the current year and the immediate past

  2  budget year.

  3         c.  Detailed schedules of all estimated revenues for

  4  the ensuing budget year and comparative data for the current

  5  year and the immediate past budget year.

  6         d.  Operating budget schedules showing by activity or

  7  program the proposed operating expenditures for the ensuing

  8  budget year. Comparative expenditure data and information on

  9  work programs for the current year and the immediate past

10  budget year should also be presented.

11         e.  Capital budget schedule showing the total proposed

12  expenditures on each capital project during the ensuing budget

13  year and a detailed project breakdown of the sources of funds

14  showing the funds available and the amounts to be

15  appropriated, borrowed, or derived from other sources.

16         Section 15.  Formulation and submission of budget.--The

17  procedure for the formulation and submission of the annual

18  budget shall be as follows:

19         a.  On or before a date specified by the board of

20  commissioners, the district manager shall transmit to the

21  board of commissioners estimates for the ensuing fiscal year

22  of operating expenditures for the district, containing the

23  following information:

24         (1)  Detailed estimates of the expenses of conducting

25  the program of the district for the next ensuing fiscal year.

26         (2)  Expenditures for corresponding items for the

27  immediate past fiscal year.

28         (3)  Expenditures for corresponding items for the

29  current fiscal year, including adjustments to or transfers

30  between appropriations, plus an estimate of the necessary

31  expenditures to complete the current fiscal year.

                                  39

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         (4)  Value of supplies and materials on hand at the

  2  date of preparation of the estimate.

  3         (5)  Increases or decreases of requests compared with

  4  corresponding appropriations for the current year, with

  5  reasons for such requested increases or decreases.

  6         (6)  Other works program information and supporting

  7  data as the board of commissioners may require.

  8         b.  On or before a date specified by the board of

  9  commissioners, the district manager shall transmit to the

10  board of commissioners his or her financial report comprising

11  the operating estimates of the following:

12         (1)  An itemization of all assessable property and all

13  probable income or revenues from fixed sources for the ensuing

14  fiscal year.

15         (2)  An itemization of the outstanding district debt

16  with a schedule of maturities of such obligations.

17         (3)  Schedule of necessary amounts for interest on the

18  district debt, for sinking funds, and for payment of maturing

19  obligations.

20         (4)  Other information as may be required by the board

21  of commissioners.

22         c.  The board of commissioners shall review all

23  estimates and the capital improvement program prepared and

24  shall formulate the proposed budget, making such revisions or

25  estimates as it deems necessary.

26         Section 16.  Consideration and adoption of the budget

27  by the board of commissioners.--The board of commissioners

28  shall determine the time and place at which it will hold

29  public hearings on the budget. The public hearings shall be

30  scheduled and notice published in accordance with the

31  requirements of the Florida Department of Revenue and Broward

                                  40

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  County Property Appraiser's Office. Additional public hearings

  2  on the budget may be scheduled by the board. At the first

  3  public hearing required by the Florida Department of Revenue

  4  and Broward County Property Appraiser's Office, the district

  5  board of commissioners shall, after reviewing and discussing

  6  the budget, approve a tentative budget and tentative

  7  assessment rate for taxation of all assessable land located

  8  within the boundaries of the district. At the second and final

  9  public hearing required by the Florida Department of Revenue

10  and Broward County Property Appraiser's Office, the district

11  board of commissioners, after reviewing and discussing the

12  budget, shall, by majority vote, adopt the budget, set the

13  assessment rate for taxation of all assessable land located

14  within the boundaries of the district, and authorize

15  appropriations for the ensuing budget year. The adopted budget

16  shall be printed and copies shall be made available for

17  distribution. After the budget is adopted, the board of

18  commissioners may revise the expenditures of the budget by

19  increasing, decreasing, inserting, or deleting appropriation

20  items, except that it shall not reduce appropriations for debt

21  service. The board of commissioners may revise revenue

22  estimates if such revision is concurred in by a majority, but

23  not less than three of its members.

24         Section 17.  Tax roll.--

25         a.  The county Property Appraiser of Broward County

26  shall certify to the board of commissioners of the Central

27  Broward Water Control District the total assessed value of

28  real property located within the boundaries of the district,

29  on or before the first day of July of each year, said

30  certification to be prepared from the tax roll of Broward

31  County.

                                  41

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         b.  It shall be the duty of the Property Appraiser of

  2  Broward County to enter upon the tax roll of the county the

  3  taxes or assessments levied by the district, upon

  4  certification of the same by the chair or secretary of the

  5  board, which certification shall be delivered on or before

  6  September 1 of each year. The tax or assessment shall be

  7  entered upon the tax roll in a proper column under the head of

  8  "Central Broward Water Control District" opposite the name of

  9  the person or persons or corporation owning such land in the

10  manner provided by law for making up the tax roll for state

11  and county taxes, or in case the ownership of such land is not

12  shown upon such tax roll, then opposite the word "unknown."

13         c.  The tax or assessment levied by this charter shall

14  constitute a lien upon the lands so assessed as of the first

15  day of January of each year in which the entries are made in

16  the tax rolls pursuant to subsection b., which lien shall be

17  superior in dignity to all other liens upon said lands, except

18  the lien for state and county taxes and other taxes of equal

19  dignity, as to which taxes the said lien shall be coordinate.

20         d.  The property appraiser shall attach to the tax

21  roll, a special warrant to the tax collector of the county for

22  the collection of such drainage taxes, and the special warrant

23  shall be signed by the property appraiser and shall be the

24  authority of the tax collector of the collection of such

25  taxes. The warrant shall be in substantially the following

26  form:

27

28         SPECIAL WARRANT FOR COLLECTION OF DRAINAGE

29         TAXES:  STATE OF FLORIDA, TO

30                                   , TAX COLLECTOR OF

31         THE COUNTY OF BROWARD. YOU ARE HEREBY COMMANDED

                                  42

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         TO COLLECT OUT OF THE REAL ESTATE AGAINST WHICH

  2         DRAINAGE TAXES ARE ASSESSED AND SET FORTH IN

  3         THIS ROLL, AND FROM THE PERSONS OR CORPORATIONS

  4         NAMED THEREIN, AGAINST WHOSE LANDS DRAINAGE

  5         TAXES ARE ASSESSED, THE DRAINAGE TAX SET DOWN

  6         IN SAID ROLL OPPOSITE EACH NAME, CORPORATION,

  7         OR PARCEL OF LAND THEREIN DESCRIBED, AND IN

  8         EACH CASE SUCH DRAINAGE TAX IS NOT PAID ON OR

  9         BEFORE THE FIRST DAY OF APRIL NEXT, YOU ARE TO

10         COLLECT THE SAME BY LEVY AND SALE OF THE LANDS

11         SO ASSESSED; AND ALL SUMS COLLECTED FOR

12         DRAINAGE TAXES YOU ARE TO PAY TO THE TREASURER

13         OF CENTRAL BROWARD WATER CONTROL DISTRICT.

14         GIVEN UNDER MY HAND AND SEAL, THIS      DAY OF

15                     , 19   .

16

17                                                                

18                              PROPERTY APPRAISER, BROWARD COUNTY

19

20  Such warrant shall remain in full force until all the Central

21  Broward Water Control District taxes shown in said roll to be

22  assessed shall be collected.

23         e.  The Tax Collector of Broward County shall make

24  returns and remittances of money collected by him or her for

25  Central Broward Water Control District in the manner and time

26  provided by law. Central Broward Water Control District may,

27  from time to time, make audits or checks of the tax assessment

28  roll at the property appraiser's office, and the tax collector

29  shall furnish all that is required by law.

30

31

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         f.  No provision hereof shall in any way affect the

  2  power and authority of the Central Broward Water Control

  3  District to levy or collect any special assessment.

  4         g.  The manner and basis of establishing the tax roll

  5  shall be the same as existed for the Central Broward Water

  6  Control District prior to 1970.

  7         Section 18.  Tax due date and sale of lands for

  8  nonpayment.--All drainage taxes or assessments levied by this

  9  charter shall be payable on the first Monday in November of

10  the year for which the same are assessed, and the collector

11  shall collect the same on or before the first day of April

12  following. The tax collector is authorized to receive the

13  taxes and issue receipts therefor without requiring the

14  payment of any other taxes. If the tax shall not be paid on

15  any parcel or parcels of land on or before the first day of

16  April in the year following that for which such assessment is

17  made, the tax collector shall advertise and sell such lands in

18  the manner as is now provided by law for the sale of lands for

19  the nonpayment of state and county taxes. The said collector

20  shall advertise and sell such lands for sale by publishing

21  notice thereof, or by posting in the same manner as is now

22  provided by law for the sale of lands for nonpayment of state

23  and county taxes, except as otherwise provided herein, but no

24  lands which have previously been sold for the nonpayment of

25  such taxes or assessments, and for which unredeemed

26  certificates are outstanding in the name of Central Broward

27  Water Control District shall be again advertised and sold for

28  the nonpayment of such tax, but the tax or assessment for

29  every year subsequent to such sale shall continue as a lien

30  upon such land superior in dignity to all other liens and

31  coordinate with the lien for state and county taxes and other

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  taxes of equal dignity, until paid. The board of commissioners

  2  may select the newspaper in which the advertisement of sale

  3  shall be published, which shall be a newspaper as might

  4  legally be selected for the publication of notice of sale for

  5  state and county taxes; however, if the board shall not select

  6  such newspaper and notify the collector of such selection or

  7  before the first day of April of any year, the advertisement

  8  shall be published in the newspaper selected by the board of

  9  county commissioners for the advertisement of state and county

10  taxes. The charges for the publication of such notice shall be

11  the same as provided for sale for state and county taxes.

12         Section 19.  Publication of notice of tax sales.--Proof

13  of the publication of such advertisement of sale shall be

14  filed by the tax collector as provided in case of state and

15  county tax sales, except that no copy of the newspaper

16  containing such advertisement need be furnished the

17  comptroller, and that one copy shall be filed in the office of

18  the secretary of the district. All such sales for taxes levied

19  under this act shall take place at the time and place provided

20  for state and county tax sales and may continue from day to

21  day until finished.

22         Section 20.  Minimum sales price at tax sales.--At the

23  time and place fixed for the sale, after advertisement as

24  required in this charter, the collector shall publicly offer

25  the lands for sale to realize the amount of the tax, interest,

26  penalties, and costs. If the amount of the tax, interest,

27  penalties, and costs is not bid for any tract, piece, or

28  parcel of land, it shall be the duty of the collector making

29  such sale to bid the whole amount thereof as aforesaid in the

30  name of Central Broward Water Control District, and to sell

31  the same to the said district, and to execute his or her

                                  45

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  certificate therefor in the same manner as if the Central

  2  Broward Water Control District had purchased the same at the

  3  sale.

  4         Section 21.  Immediate payment at tax sales.--The tax

  5  collector shall require immediate payment by any person to

  6  whom any parcel of such land may be struck off, and, in all

  7  cases where payment is not made within 1 hour, he or she may

  8  declare the bid canceled and sell the land again.

  9         Section 22.  Tax certificate.--As soon as practicable

10  after the sale, the collector shall issue the purchaser or

11  purchasers a certificate of sale for the land purchased, which

12  certificate shall contain the name and address of the

13  purchaser as given to him or her by the purchaser or his or

14  her agent, a description of the land, the amount bid therefor,

15  and the date of such sale, which certificate shall be signed

16  by the collector.

17         Section 23.  Compensation for tax assessor and tax

18  collector.--Each property appraiser placing the assessments

19  herein provided for upon the tax roll shall receive the same

20  compensation therefor as had been heretofore and is now

21  provided by law for the performance of like duties in

22  connection with taxes and assessments of the Napoleon B.

23  Broward Drainage District, and each collector shall receive

24  the same compensation for collecting the taxes hereby levied

25  and for making of sales hereunder and issuing of certificates

26  and the performance of other duties in connection therewith as

27  had been heretofore and is now provided by law for like duties

28  in connection with Napoleon B. Broward Drainage District. All

29  fees and commissions provided for herein shall be paid in the

30  first instance by the board of commissioners, but shall be

31

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  considered as part of the costs of sale when such lands are

  2  redeemed or sold by the district.

  3         Section 24.  Triplicate list of

  4  certificates.--Immediately after any sale for the nonpayment

  5  of drainage taxes levied hereunder, the tax collector shall

  6  make a list in triplicate of all lands sold for such taxes,

  7  showing the date of sale and number of certificate, the name

  8  of the owner as shown on the tax roll, a description of the

  9  land sold, the name of the purchaser, and the amount for which

10  the sale was made, and each collector shall append to each of

11  the lists a certificate stating further that such sale was

12  made according to law. One of the lists shall be filed in the

13  office of the board of commissioners of said district, one

14  shall be retained by the collector, and the third shall be

15  filed in the office of the clerk of the circuit court, who

16  shall enter the same in a book to be provided by the board for

17  that purpose and the clerk shall receive the same fee for such

18  recording as is paid for other recording, each five figures to

19  be counted as one word. Such fees shall be paid by the board.

20  Such book shall be in substantially the same form as had been

21  heretofore and is now provided by law in connection with

22  Napoleon B. Broward Drainage District taxes, and shall have

23  like force and effect.

24         Section 25.  Redemption of tax certificates.--

25         a.  Any tax certificate issued under the provisions of

26  this charter may be redeemed by the owner of the lands covered

27  by the the certificate, or any person claiming to be the owner

28  thereof, or his or her agent or attorney, by paying to the

29  clerk of the circuit court for the county wherein such lands

30  may lie, on or before 2 years after the date of such

31  certificate, the amount of taxes provided for under this

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  charter for such year and all costs and charges as shown by

  2  the certificate, together with the principal amount of the

  3  certificate and penalty on the amount from the first day of

  4  April preceding the sale at the rate of 2 percent per month on

  5  the amount of the taxes from date of delinquency until paid,

  6  together with all subsequent omitted taxes or assessments

  7  imposed under this charter due and payable thereon. In

  8  computing the penalty, each fractional part of a month shall

  9  be counted as a full month.

10         b.  In the event any certificate is not redeemed as

11  provided for herein, the holder thereof may apply to the clerk

12  of the circuit court of the county for a deed to the lands

13  described in the certificate. The clerk shall thereupon cause

14  to be published, at the expense of the applicant in a

15  newspaper published in the county once each week for 4

16  consecutive weeks, a notice of the application for a deed to

17  the lands and of his or her intention to execute the deed, and

18  during that time the owner of the lands, or anyone claiming

19  the ownership thereof, or his or her agent or attorney, may

20  redeem the certificate by paying to the clerk the amounts

21  required to be paid for redemption and the publication charge

22  for the notice, but, if at the expiration of the time fixed in

23  the notice for the making of said deed such certificate is not

24  redeemed as provided herein, the clerk shall execute a deed to

25  the holder of the certificate for the lands therein described.

26  Such deed shall be in substantially the same form as now

27  provided for state and county tax deeds, and shall vest in the

28  grantee the fee simple title to the lands therein described,

29  free from all liens, except for state and county taxes and

30  other taxes of equal dignity, and the deed shall be entitled

31  to record in the same manner as state and county tax deeds.

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  Before being entitled to receive such deed, the grantee named

  2  therein, or his or her agent or attorney, shall pay to the

  3  clerk of the court all fees and charges that are now required

  4  to be paid upon the application for a tax deed in cases where

  5  lands have been sold for unpaid state and county taxes.

  6  Whenever any tax certificate is redeemed or deed issued

  7  thereon, the clerk shall enter that fact opposite the

  8  description of said lands in the book herein required to be

  9  filed in his or her office, and shall enter the date when deed

10  was executed, and by whom redeemed or to whom deeded, and the

11  amount paid therefor. If the certificate so redeemed is held

12  by Central Broward Water Control District, the clerk shall

13  transmit to the treasurer of the district the amount paid for

14  the redemption of such certificate, and the treasurer shall

15  forward to the clerk the certificate for cancellation. If the

16  certificate is held by an individual or corporation other than

17  the district, the clerk shall pay the sum received for the

18  redemption of such certificate to the holder thereof, or his

19  or her attorney, upon delivery of the certificate to the clerk

20  for cancellation.

21         c.  No such tax deeds shall be set aside or deemed

22  ineffectual to convey title because of any defect in

23  description of the premises in the tax rolls, or collector's

24  warrant, or advertisement of sale, or certificate of sale or

25  tax deed or other document, notice, or paper prescribed

26  herein, provided the description given is sufficient to

27  describe the premises with reasonable certainty, nor because

28  of any defect in the form or execution of the tax rolls or

29  collector's warrant or advertisement of sale of certificate of

30  sale or the notice of the application shall have been made, or

31  because the taxes were assessed, extended, or sold without

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  giving the correct name or any name of the owner of the

  2  premises, or because of any other matter or thing whether

  3  herein expressly enumerated or not, save and except that the

  4  premises sold were not liable to the tax or that the tax

  5  thereon had been paid at the date of sale. If any deed or

  6  deeds be invalid for either of the reasons last given, the

  7  board of commissioners shall on application therefor refund to

  8  the purchaser, or his or her assigns, of the lands so sold,

  9  the amount of drainage taxes received in connection therewith,

10  with interest at 6 percent per annum. All tax deeds and deeds

11  issued by the board of commissioners pursuant to this charter

12  shall be and are hereby declared to be prima facie evidence of

13  the regularity of the proceedings from the date hereof to the

14  date of the issuance of the deed or deeds, and such deed or

15  deeds shall be permitted thereto, except the two defenses last

16  herein mentioned and the defense that no notice of application

17  for the tax deed was at any time either posted or published as

18  herein required.

19         Section 26.  Conveyances by board of nonredeemed lands

20  and foreclosure of liens established by certificates.--

21         a.  When land is bid off by the tax collector for the

22  Central Broward Water Control District, the certificate shall

23  be issued by the tax collector as of the date of sale in the

24  name of "Central Broward Water Control District" and if the

25  land is not redeemed on or before 2 years after the date of

26  such certificate as herein provided, the title of the same

27  shall immediately vest in the Central Broward Water Control

28  District without the issuance of any deed as provided in other

29  cases, and the certificate held by the district shall be

30  evidence of the title of the district. The board may sell and

31  convey the lands by deed at the best price obtainable

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  therefor, provided such price shall not be less than the

  2  amount of all drainage taxes upon the lands which shall have

  3  become due and payable thereon pursuant to the provisions of

  4  this charter; and, provided further, that the lands shall not

  5  be sold by the board until notice of the board's intention to

  6  make such sale shall have been published once each week for 4

  7  consecutive weeks in a newspaper published in Broward County,

  8  Florida, the first publication of which shall be not less than

  9  30 nor more than 45 days prior to any sale, which notice shall

10  set forth the time and place of sale and a description of the

11  lands to be offered for sale. The board may reject any and all

12  bids offered for the lands, and may thereafter sell the lands

13  at any time without further publication.

14         b.  It shall be the further duty of the board to send

15  by registered mail at least 15 days before the date of sale a

16  copy of such proposed notice to the last known address of the

17  person, firm, or corporation to whom the lands described in

18  the notice were last assessed. However, the failure of the

19  person, firm, or corporation to whom the land was last

20  assessed to receive such notice shall not invalidate the sale

21  or affect the rights of the purchaser thereunder, nor shall

22  the failure of the board to give such notice by mail

23  invalidate the sale or affect the rights of the purchaser

24  thereunder, it being the intention that this provision for

25  mailing of the notice shall be directory only.

26         c.  However, the district or its board of commissioners

27  may before any tax sale certificates held by said district or

28  its board of commissioners becomes 2 years old, foreclose the

29  lien established by such certificate by an action in chancery.

30  The pleadings, process, proceedings, practice, and sales, in

31  cases brought for the foreclosure of such lien shall be the

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  same as in action for the enforcement of mortgages upon real

  2  estate. One or more parcels of land may be included in one

  3  suit.

  4         d.  Further, the provisions hereof shall not be

  5  construed to invalidate county or other taxes against the

  6  property of equal dignity and provided further that any amount

  7  paid by the district for any such other taxes shall operate to

  8  transfer the lien of the taxes to the district and the lien

  9  may be included and enforced and foreclosed in any suit or

10  proceeding instituted by the district or its board of

11  commissioners for the enforcement or foreclosure of any

12  district tax lien against the same land.

13         e.  The deeds of conveyance executed by the board to

14  such lands shall be signed by the chair of the board, and

15  attested by the secretary of the district under the seal of

16  the district, and shall vest in the grantee of such deed the

17  fee simple estate to such lands, free from all liens of any

18  character except such liens as may exist for state and county

19  and Central Broward Water Control District taxes thereon, and

20  such deeds shall be incontestable.

21         Section 27.  Tax certificates held by treasurer and

22  sales proceeds treated as taxes collected.--All tax

23  certificates issued in the name of the district under the

24  provisions of this charter shall be held by the treasurer of

25  the district. The proceeds of the sales of any lands under the

26  provisions of the preceding section shall be held and disposed

27  of by the board in like manner as taxes collected are required

28  to be held and disposed of by the board under the provisions

29  of this charter.

30         Section 28.  Short-term indebtedness.--The board of

31  commissioners may from time to time issue warrants and

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  negotiable notes or other evidences of debt of the district as

  2  now created, or for any valid debt of the district with

  3  maturities not exceeding 1 year after date of issue, all of

  4  which shall be termed "short-term indebtedness" in order to

  5  distinguish the same from the long-term debt herein provided

  6  for. The notes or other evidences of indebtedness shall be

  7  payable at such times and shall bear such rate of interest as

  8  the board may deem advisable. The board shall have the right

  9  in order to provide for the payment thereof, and pledge the

10  whole or any part of the taxes provided for in this charter,

11  whether the same shall be theretofore or thereafter levied,

12  and the board shall have the right to provide that the said

13  short-term debt shall be payable from the proceeds of any such

14  tax, or both. However, the amount of any short-term

15  indebtedness which may be outstanding at any time shall not

16  exceed 90 percent of the total amount of taxes levied

17  hereunder excluding special assessment taxes.

18         Section 29.  Long-term indebtedness.--The board is

19  hereby authorized and empowered, in order to provide for the

20  work to be performed by the board, to borrow money on loans

21  for periods over 1 year and to incur obligations from time to

22  time on such terms and at such rates of interest as they deem

23  proper, not to exceed 18 percent or as provided for in state

24  statutes, for the purpose of raising funds to conduct and

25  prosecute to final completion the canals, drains, dikes, dams,

26  locks, and reservoirs now in process of construction in the

27  territory embraced in the district, and to build and construct

28  other canals, drains, dikes, dams, locks, and reservoirs and

29  other works as the board may deem advantageous to the

30  territory embraced in the district, and to provide the

31  expenses incident to such work and all expenses necessary or

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  needful to be incurred in carrying out the purposes of this

  2  charter. In order to facilitate the board in borrowing the

  3  money necessary to carry out the purposes aforesaid, the board

  4  is hereby authorized and empowered to issue in the corporate

  5  name of the district negotiable coupon bonds of the Central

  6  Broward Water Control District.

  7         Section 30.  Bonds.--

  8         a.  All bonds authorized by this charter to be issued

  9  shall be signed by the chair of the board and such other

10  member of the board designated by the board, under the seal of

11  the board. The bonds shall be in such form as shall be

12  prescribed by the board, shall recite that they are issued

13  under the authority of this charter, and shall pledge the

14  faith and credit of the board of commissioners of Central

15  Broward Water Control District for the prompt payment of the

16  principal and interest thereof. The bonds shall be numbered

17  consecutively in the order of their issuance. Interest coupons

18  shall be attached to the bonds and the coupons shall be

19  consecutively numbered, specifying the number of the bond to

20  which they are attached, and shall be attested by the

21  lithographed or engraved facsimile signature of the chair or

22  such other member of the board as the board shall designate.

23         b.  It shall be the duty of the board of commissioners,

24  in making the annual tax levy as herein provided, to take into

25  account the maturing bonds and interest on all bonds and

26  expenses, and to make provision in advance for the payment of

27  the same.

28         c.  After the bonds have been executed and sealed and

29  examined as herein provided, they shall be delivered to the

30  treasurer who shall give his or her receipt to the board

31  therefor, and the treasurer shall enter in a book to be kept

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  by him or her, the number of each bond, the rate of interest,

  2  the time it becomes due, the date of sale, the person to whom

  3  sold, and his or her post office address. The treasurer shall

  4  hold the bonds and be the legal custodian thereof, and shall

  5  deliver the same to the purchasers upon resolution of the

  6  board duly recorded in the minutes of the board.

  7         d.  The treasurer shall, at the time of the receipt by

  8  him or her of the bonds, execute and deliver to the chair of

  9  the board of the district a bond with good and sufficient

10  surety to be approved by the board, conditioned that he or she

11  shall account for and pay over, as required by law and as

12  ordered by said board of commissioners, any and all moneys

13  received by him or her on the sale of such bonds, or any of

14  them, and that he or she will only sell and deliver the bonds

15  to the purchaser or purchasers thereof under and according to

16  the terms herein prescribed, and that he or she will return to

17  the board of commissioners and duly cancel any and all bonds

18  not sold when ordered by the board to do so. The bonds when so

19  returned shall remain in the custody of the chair of the board

20  of commissioners, who shall produce the same for inspection or

21  for use as evidence whenever and wherever legally requested to

22  do so. The treasurer shall promptly report all sales of bonds

23  to the board of commissioners.

24         e.  In case any officer whose signature,

25  countersignature, and certificate appears upon said bonds and

26  coupons shall cease to be such officer before the delivery of

27  such bonds to the purchaser, such signature or

28  countersignature and certificate shall nevertheless be valid

29  and sufficient for all purposes the same as if the officer had

30  remained in office until the delivery of the bonds.

31

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         Section 31.  Payee of bonds.--Any bonds issued under

  2  the provisions of this charter shall be payable to bearer

  3  only, unless the same shall be registered in conformity with

  4  the resolution of the board authorizing such bonds, in which

  5  event the bonds shall be payable to the registered owner

  6  thereof only, and the resolution shall fully provide the

  7  manner and condition of such registration.

  8         Section 32.  Bonds negotiable.--

  9         a.  This charter shall, without reference to any other

10  act of the Legislature of Florida, be full authority for the

11  issuance and sale of the bonds authorized in this charter,

12  which bonds shall have all the qualities of negotiable paper

13  under the law merchant and shall not be invalid for any

14  irregularity or defect in the proceedings for the issuance and

15  sale thereof; and shall be incontestable in the hands of bona

16  fide purchasers or holders thereof. No proceedings in respect

17  to the issuance of any such bonds shall be necessary, except

18  such as are required by this charter. The provisions of this

19  charter shall constitute an irrepealable contract between the

20  board of commissioners and the Central Broward Water Control

21  District and the holders of any bonds and the coupons thereof

22  issued pursuant to the provisions thereof. Any holder of any

23  of the bonds or coupons may, either in law or in equity by

24  suit, action, or mandamus, enforce and compel the performance

25  of the duties required by this charter of any of the officers

26  or persons mentioned in this charter in relation to the bonds,

27  or to the correct enforcement and application of the taxes for

28  the payment thereof.

29         b.  All bonds issued hereunder regardless of the time

30  of sale shall be of equal rank each with the other, and

31

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  without priority one over the other, except as to time of

  2  payment therein stated.

  3         c.  After the several bonds and coupons are paid and

  4  retired as herein provided, they shall be returned to the

  5  treasurer and they shall be canceled and an appropriate record

  6  thereof made in a book to be kept for that purpose, which

  7  record of paid and canceled bonds shall be kept at the office

  8  of the treasurer and shall be open to inspection of any

  9  bondholder at any time.

10         Section 33.  Powers of commissioners to carry out

11  plan.--The board of commissioners of the district created

12  hereby shall have full power and authority to build,

13  construct, excavate, and complete any and all works and

14  improvements which may be needed to carry out, maintain, and

15  protect "the comprehensive water management plan."  To

16  accomplish that end the board of commissioners may employ

17  persons and teams and purchase machinery, employ persons to

18  operate same, and directly have charge of and construct the

19  works and improvements in such manner or by use of other or

20  more efficient means than provided for in the plans adopted.

21  The board of commissioners may, at its discretion, let the

22  contract for such works and improvements, either as a whole or

23  in sections, and when such contracts are let they shall be

24  advertised and let to the lowest and best bidder, who shall

25  give a good and approved bond, with ample security,

26  conditioned that he or she will promptly carry out the

27  contract for such work and improvements under such terms and

28  conditions as the board of commissioners deems necessary;

29  which contract shall be in writing and to which shall be

30  attached, and made a part thereof, complete plans and

31  specifications of the work to be done and improvements to be

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  made under such contract, which plans and specifications shall

  2  be prepared by the district's engineer and shall be

  3  incorporated in, and attached to, the contract; and such

  4  contract shall be prepared by the attorney for the district

  5  and approved by the board of commissioners and signed by its

  6  chair or vice chair and the contractor and executed in

  7  duplicate. The district manager shall be the superintendent of

  8  all the works and improvements, and shall, at least once each

  9  year and when required, make a full report to the board of all

10  work done and improvements made, and make suggestions and

11  recommendations to the board as he or she may deem proper.

12         Section 34.  Rules and regulations.--The board of

13  commissioners is hereby authorized to adopt, promulgate, and

14  enforce all rules and regulations necessary and appropriate

15  for the administration and enforcement of this charter. No

16  such action shall be taken by the board of commissioners until

17  after the holding by this board of commissioners of a public

18  hearing on the proposed rules and regulations. The provisions

19  of chapter 120, Florida Statutes (Administrative Procedure

20  Act), shall apply to all such rules and regulations. As soon

21  as practicable and as necessary, from time to time, the board

22  of commissioners shall effect appropriate rules and

23  regulations as deemed necessary, including, but not limited

24  to, the following:

25         a.  Conditions precedent to be met for land to be

26  platted on the public records of the appropriate governmental

27  authority to assure provisions for proper drainage and water

28  management and the procedures to be followed in connection

29  therewith including cooperation with the county engineer, and

30  the posting of such bonds in such amounts on such conditions

31  as are deemed necessary in such plats to ensure the proper and

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  timely completion of such drainage and water management

  2  provisions. No plat for the subdivision of any land within the

  3  district shall be entitled to record without the approval of

  4  the board of commissioners.

  5         b.  Code of general specifications and procedures for

  6  the obtainment of a permit and for hearings in connection

  7  therewith before the board of commissioners for approval of

  8  plans for all structural improvements coming into, over, onto,

  9  or through any of the waterways of the district.

10         c.  Code of specifications as to content of discharge

11  and effluents coming into the waterways of the district.

12         Section 35.  Commissioners authorized to obtain consent

13  of United States.--In case the comprehensive water management

14  plan of the district organized and incorporated under this

15  charter and the improvement provided thereunder be of such a

16  nature as requires the permission or consent of the government

17  of the United States, or any department or officer of the

18  government of the United States, the board of commissioners

19  may obtain the required permission or consent of the

20  government of the United States or any proper officer or

21  department thereof; and to that end the board of commissioners

22  may bind the district to comply with any conditions that may

23  be attached to such permissions or consent, including the

24  giving of any bond or other obligation for the faithful

25  performance of such conditions.

26         Section 36.  Sureties on bonds may be bonding company;

27  payable to district; provisions, etc.--The sureties required

28  on any or all bonds required to be given by this charter may

29  be a surety or bonding company approved by the board of

30  commissioners, and shall be made payable to the district by

31  its corporate name, in which name all suits shall be

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  instituted and prosecuted. All penalties herein named shall be

  2  payable to and recoverable by the district. All bonds required

  3  by this charter shall cover defaults of deputies, clerks, or

  4  assistants of the officers appointing them.

  5         Section 37.  Eminent domain.--The district created

  6  hereby may acquire, by gift, purchase, exchange, donation, or

  7  condemnation, any lands within or without the said district

  8  for canal rights-of-way, or for other general purposes of the

  9  said district, and, if acquired by condemnation, the procedure

10  shall be as prescribed in chapter 73, Florida Statutes,

11  Eminent Domain.

12         Section 38.  Obstructions, damage, and destruction

13  prohibited; damages; penalties.--No person may willfully or

14  otherwise obstruct any canal, drain, ditch, or watercourse or

15  damage or destroy any drainage works constructed in the

16  drainage district.

17         a.  Any person who shall willfully obstruct any canal,

18  drain, ditch, or other watercourse, or shall damage or destroy

19  any drainage works constructed by the drainage district, shall

20  be liable to any person injured thereby for the full amount of

21  the injury occasioned to any land or crops or other property

22  by such misconduct and shall be liable to the drainage

23  district constructing the work for double the cost of removing

24  such obstruction or repairing such damage. The costs shall

25  include all labor, materials, equipment, and supplies

26  necessary to effect such removal or repair, and all costs and

27  expenses, including reasonable attorney's fees, necessary to

28  make any person injured or the drainage district whole.

29         b.  Any person who willfully or otherwise obstructs any

30  canal, drain, ditch, or watercourse, or impedes or obstructs

31  the flow of water thereof, or damages or destroys any drainage

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  works constructed by any drainage district is guilty of a

  2  misdemeanor of the first degree, punishable as provided by

  3  general law.

  4         c.  If the board of commissioners finds and determines

  5  that any dike, culvert, bridge, crossing, or any other device

  6  in any canal, drain, ditch, or watercourse which is used for

  7  servicing any property or providing access thereto constitutes

  8  an obstruction or impediment to the free flow of water or

  9  drainage, whether the same has been so placed in any canal,

10  drain, ditch, or watercourse under permit by the district or

11  otherwise, the record owner of the property provided access or

12  service shall be notified in writing of such obstruction with

13  a demand therein that such owner cause the condition to be

14  remedied. The notice shall be given by registered mail,

15  addressed to the owner or owners of the property described, as

16  their names and addresses are shown upon the records of the

17  county property appraiser, and shall be deemed complete and

18  sufficient when so addressed and deposited in the United

19  States mail with proper postage prepaid. In the event that

20  such notice is returned by postal authorities, the district

21  shall cause a copy of the notice to be served by any officers,

22  commissioners, or agents of the district, an affidavit of such

23  service by such officer, commissioner, or agent filed in the

24  minutes of the district shall be proof of service thereof,

25  upon the occupant of the property or upon any agent of the

26  owner thereof. In the event that personal service upon the

27  occupant of the property or upon any agent of the owner

28  thereof cannot be performed after a reasonable search, the

29  notice shall be accomplished by physical posting on the

30  property. The notice shall be in substantially the following

31  form:

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1

  2         Name of Owner:.........................................

  3         Address of Owner:......................................

  4

  5         Our records indicate you are the owner(s) of

  6         the following property located in the Central

  7         Broward Water Control District, Broward County,

  8         Florida:

  9                   (describe property)

10         An inspection of this property and the abutting

11         canal, drain, ditch or watercourse discloses,

12         and the Board of Commissioners of the Central

13         Broward Water Control District has found and

14         determined, that an obstruction in said canal,

15         drain, ditch, or watercourse exists thereby

16         impeding the free flow of water and drainage

17         and constituting a hazard and danger to the

18         inhabitants within the Central Broward Water

19         Control District so as to constitute a

20         violation of the charter and regulations of the

21         Central Broward Water Control District in that:

22           (describe the condition which places

23               the property in violation.)

24         You are hereby notified that unless the

25         condition above described is remedied so as to

26         make it nonviolative of the charter and

27         regulations of the Central Broward Water

28         Control District within 20 days from the date

29         hereof, the Central Broward Water Control

30         District will proceed to remedy this condition

31         and the cost of the work, including advertising

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         costs and all other expenses, will be imposed

  2         as lien on the property if not otherwise paid

  3         within 30 days after receipt of billing.

  4                  Central Broward Water Control District

  5                  BY....................................

  6         d.  Within 20 days after the mailing of the notice to

  7  him or her, the owner of the property may make written request

  8  to the board of commissioners for a hearing before that body

  9  to show that the condition alleged in the notice does not

10  exist or that such condition does not constitute an

11  obstruction or impediment to the drainage and free flow of

12  water in any canal, ditch, drain, or watercourse of the

13  district. At the hearing, the district and the property owner

14  may introduce such evidence as is deemed necessary.

15         e.  If within 20 days after mailing of the notice no

16  hearing has been requested and the condition described in the

17  notice has not been remedied, the district shall cause the

18  condition to be remedied by the district at the expense of the

19  property owner. If a hearing has been held and has concluded

20  adversely to the property owner, the district may cause the

21  condition to be remedied at the expense of the property owner,

22  by appropriate resolution, and may order the removal of the

23  same, including any appurtenances thereto, and may provide for

24  the payment of all or any part of the cost of any such removal

25  by levying and collecting a special assessment on the property

26  affected or afforded service by such bridge, culvert, etc.

27         f.  After causing the condition to be remedied, the

28  secretary of the district shall certify to the board the

29  expenses incurred in remedying the condition. Upon the receipt

30  of such certificate, the board of commissioners shall review

31  the same and determine the amount to be assessed against such

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  property by resolution. Upon adoption of the resolution, the

  2  assessment shall constitute a lien on the respective lots or

  3  parcels of land or other real property upon which they are

  4  levied, superior to all other liens, except those for district

  5  and county taxes.

  6         g.  The board of commissioners shall cause to be

  7  recorded in the office of the clerk of the circuit court, in

  8  and for Broward County, a copy of the resolution within 10

  9  days after the adoption thereof. The assessment shall be

10  payable at the time and in the manner stipulated in the

11  resolution and the assessment shall remain a lien coequal with

12  the lien of other taxes, superior in dignity to all other

13  liens, titles, and claims, until paid and shall bear interest

14  at a rate not to exceed 18 percent per annum from the date of

15  the resolution.

16         h.  Upon the failure of any property owner to pay the

17  assessment or any installment thereof or any part thereof as

18  provided for in the resolution, the board of commissioners

19  shall cause to be brought the necessary legal proceedings to

20  enforce payment thereof with all the accrued interest and

21  penalties, together with all legal costs incurred, including

22  reasonable attorneys' fees, to be assessed as a part of the

23  cost; and in the event of default in the payment of any

24  installment of an assessment, or any accrued interest on said

25  assessment, the whole assessment with the interest and

26  penalties thereon shall immediately become due and payable and

27  subject to foreclosure. In the foreclosure of any assessment,

28  service of process against unknown or nonresident defendants

29  may be had by publication, as provided by law. Foreclosure

30  proceedings shall be prosecuted to the sale and conveyance of

31  the property involved in said proceedings as provided by law

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  in suits to foreclose mortgages; or, in the alternative, said

  2  proceedings may be instituted and prosecuted under chapter

  3  173, Florida Statutes, Foreclosure of Municipal Tax and

  4  Special Assessment Liens.

  5         i.  The remedies provided in subsections c. through h.

  6  are in addition to and not in lieu of other remedies provided

  7  for in this charter or otherwise.

  8         Section 39.  Extensions of boundaries.--The boundary

  9  line of the district as defined in this act may be extended to

10  include additional adjacent land at any time in the discretion

11  of the board of commissioners upon such conditions as the

12  board of commissioners of the district may prescribe upon

13  petition of the freeholders owning 51 percent or more of the

14  land in the area sought to be included in this district by

15  such boundary extension. The petition of such freeholders

16  shall be directed to the board of commissioners of this

17  district, and shall be in writing and duly signed and

18  acknowledged by each of the freeholders seeking to include

19  such area in the extended boundaries of this district. The

20  area included in this district shall be defined and the

21  inclusion thereof shall be affirmed by an appropriate

22  resolution of the board of commissioners of this district at a

23  regular or special meeting called for that purpose, which

24  resolution shall be preserved in the minutes of such meeting,

25  and shall be recorded in the public records of Broward County,

26  Florida. The board of commissioners of this district shall

27  thereafter have jurisdiction and hold and be entitled to

28  exercise all of the right, power, and authority for the

29  drainage, water management services conducted pursuant to this

30  section, and improvement of the land or area so included in

31  this district as is granted such board of commissioners by

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  this charter with respect to the lands within the boundaries

  2  of this district as hereinabove set forth, it being the

  3  intention of the Legislature to confer upon the board of

  4  commissioners for the drainage and water control district

  5  hereby created the same rights, powers and authorities,

  6  duties, responsibilities, and obligations over the lands so

  7  included in this district as is by this charter conferred upon

  8  them with reference to the lands within the boundaries of this

  9  district as hereby created and established.

10         Section 40.  Subdivision regulation.--

11         a.  It is the intent and purpose of this charter to

12  promote and provide for the public health, safety, comfort,

13  convenience, and welfare necessary and required to promote the

14  harmonious, orderly, and progressive development of land

15  within the district. It is the further intent of this charter

16  to secure the establishment of standards of subdivision

17  designs, which will encourage the development of sound and

18  economically stable communities, and the creation of healthful

19  living environments.

20         b.  A subdivision for the purpose of this charter is

21  hereby defined as:  The division of a parcel of land, whether

22  improved or unimproved, into three or more lots, or other

23  divisions of land for the purpose, whether immediate or

24  future, of transfer of ownership, or, if the establishment of

25  any new street is involved, any division of such parcel;

26  provided that the division of land into parcels of more than 5

27  acres not involving any changes in street lines or public

28  easements shall not be deemed to be a subdivision within the

29  meaning of this charter. The term includes a resubdivision

30  and, when appropriate to context, shall relate to the process

31

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  of subdivision or to land subdivided. The singular usage

  2  includes the plural and the plural the singular.

  3         c.  Any division of a parcel of land as a subdivision

  4  shall be subject to such plat and subdivision regulations

  5  heretofore adopted or hereafter adopted, amended, or modified

  6  by the district under authority of law. Such regulations may

  7  provide for streets in the subdivision, to be of such width,

  8  grade, and location as to facilitate drainage; provide that

  9  adequate easements and rights-of-way be provided for drainage

10  and that the layout of the subdivision conform to the

11  comprehensive plan for drainage for the area; and provide for

12  the drainage requirements to be met. The district shall not

13  approve any subdivision plats unless the land included within

14  the subdivision is suitable or shall be made suitable to the

15  various purposes for which it is intended to be used, and in

16  particular, unless all land intended for building sites can be

17  used safely for building purposes, without the danger from

18  flood of other inundation, or from any such menace to health,

19  safety, or public welfare. It shall be unlawful for anyone

20  being an owner, or agent of an owner, of any land to transfer,

21  sell, agree to sell, or negotiate to sell such land by

22  reference to, or exhibition of, or by any other use of a plat

23  or subdivision of such land, without having submitted a plat

24  of such subdivision to the district and obtaining its approval

25  as required by this charter. If such unlawful use be made of a

26  plat before it is properly approved by the district, the

27  owner, or the agent of the owner, of such land shall be guilty

28  of a misdemeanor, punishable as provided by general law. The

29  description by metes and bounds in the instrument of transfer

30  or other documents used in the process of transferring shall

31  not exempt the transaction from such penalties. It shall be

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  unlawful to transfer lots or units of lots by metes and bounds

  2  description in order to circumvent the provisions of this

  3  charter. The district, through its legal representatives, may

  4  enjoin such transfers or sales or agreements by injunction or

  5  other appropriate action.

  6         Section 41.  Contracts by commissioners with

  7  district.--No member of the Board of Commissioners of the

  8  Central Broward Water Control District shall directly or

  9  indirectly contract with the district for the furnishing of

10  any goods or services to the district. Any member of the board

11  of commissioners violating this provision of this charter

12  shall be guilty of a misdemeanor and subject to immediate

13  removal from office by the Governor.

14         Section 42.  Procurement of contractual services and

15  purchase of goods, supplies, and materials.--The Board of

16  Commissioners of the Central Broward Water Control District in

17  Broward County may procure contractual services and purchase

18  goods, supplies, and materials as provided in this section.

19         a.  All contracts let by the board of commissioners for

20  professional architectural, engineering, landscape

21  architectural, or land surveying services for any project

22  authorized by this charter must comply with s. 287.055,

23  Florida Statutes, Consultants Competitive Negotiation Act.

24         b.  Except as stated herein and as provided in

25  subsections c., d., and e. and in s. 287.055, Florida

26  Statutes, the board of commissioners may not enter into a

27  contract for the construction or maintenance of any

28  improvements authorized under this charter, and goods,

29  supplies, or materials may not be purchased if the amount to

30  be paid by the district under the contract or for the goods,

31  supplies, or materials exceeds $10,000, unless notice of bids

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1  is advertized in a newspaper of general circulation in Broward

  2  County. The bid of the lowest responsible, acceptable bidder

  3  must be accepted, unless all bids are rejected. The board of

  4  commissioners may require the bidders to furnish a bond or

  5  letter of credit with responsible surety to be approved by the

  6  board of commissioners. This section does not prevent the

  7  board of commissioners from undertaking and performing the

  8  construction, operation, and maintenance of any project,

  9  facility, or improvement authorized under this charter, by the

10  employment of labor, material, and machinery.

11         c.  Notwithstanding subsection b., if the board of

12  commissioners finds, by resolution, that the use of

13  competitive bidding is not practicable, contractual services

14  and purchases of goods, supplies, or materials may be procured

15  by competitive sealed proposals. The request for proposals

16  must include a statement of the services sought or the goods,

17  supplies, or materials requested and all contractual terms and

18  conditions applicable to the procurement of the contractual

19  services or of the goods, supplies, or materials requested.

20  The contract must be awarded to the responsive offeror whose

21  proposal is determined to be the most advantageous to the

22  district, taking into consideration price and other evaluation

23  criteria set forth in the request for proposals.

24         d.  If the board of commissioners finds, by resolution,

25  that an immediate danger to the public health, safety, or

26  welfare or substantial loss to the district or property owners

27  in the district requires emergency action, the board of

28  commissioners may procure contractual services necessitated by

29  the immediate danger or substantial loss without competition.

30  However, such emergency procurement shall be made with such

31  competition as is practicable under the circumstances.

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    Florida Senate - 1998        (NP)                      SB 2726
    33-1894-98                                         See HB 4099




  1         e.  If competitive bids or proposals for contractual

  2  services or for purchases of goods, supplies, or materials are

  3  not received, the board of commissioners may negotiate and

  4  determine the best terms and conditions.

  5         Section 3.  Chapters 61-1439, 65-1006, 67-1002, 69-528,

  6  70-479, 71-388, 72-486, 79-432, 80-462, 82-268, 85-388,

  7  86-359, 86-363, 87-506, 88-523, 91-350, 94-426, and 96-536,

  8  Laws of Florida, are repealed.

  9         Section 4.  In the event of a conflict of the

10  provisions of this act with the provisions of any other act,

11  the provisions of this act shall control to the extent of such

12  conflict.

13         Section 5.  In the event any section or provision of

14  this act is determined to be invalid or unenforceable, such

15  determination shall not affect the validity of or

16  enforceability of each other section and provision of this

17  act.

18         Section 6.  This act shall take effect upon becoming a

19  law.

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