House Bill 0501

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    Florida House of Representatives - 1997                 HB 501

        By Representative Laurent






  1                      A bill to be entitled

  2         An act relating to drainage districts; amending

  3         ss. 298.005, 298.11, 298.12, 298.15, 298.16,

  4         298.22, 298.23, 298.24, 298.25, 298.26, 298.28,

  5         298.59, F.S.; creating ss. 298.225, 298.301,

  6         298.305, 298.329, 298.333, 298.337, 298.341,

  7         298.345, 298.349, 298.353, F.S.; providing

  8         definitions; providing for the water management

  9         plan to be renamed the water control plan;

10         providing for the water control plan to serve

11         the functions of the former plan of

12         reclamation; providing for the jurisdictional

13         water management district to provide certain

14         review responsibilities previously provided by

15         the Department of Environmental Protection;

16         providing for the appointment of certain

17         supervisors by the Governor; providing revised

18         water control plan adoption and amendment

19         requirements; providing for assessment of

20         lands; providing duties for district engineer

21         and district attorney; providing for the levy

22         and enforcement of non-ad valorem assessments;

23         authorizing the issuance of bonds; providing

24         for liens; providing for a uniform initial

25         acreage assessment for payment of expenses;

26         authorizing districts to designate financial

27         units; repealing s. 298.07, F.S., which

28         provides for the water management plan;

29         repealing s. 298.27, F.S., which provides for

30         the plan of reclamation; repealing s. 298.29,

31         F.S., which provides for the levy and

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  1         collection of taxes; repealing s. 298.30, F.S.,

  2         which provides for appraisal of lands;

  3         repealing s. 298.31, F.S., which provides for

  4         appointment of commissioners; repealing s.

  5         298.32, F.S., which provides for duties of

  6         commissioners, district attorney, and district

  7         engineer; repealing s. 298.33, F.S., which

  8         provides for notice of report; repealing s.

  9         298.34, F.S., which provides for exceptions to

10         report; repealing s. 298.35, F.S., which

11         provides for plan of reclamation; repealing s.

12         298.36, F.S., which provides for assessment of

13         lands; repealing s. 298.467, F.S., which

14         prohibits the Department of Environmental

15         Protection from borrowing money; repealing s.

16         298.55, F.S., which provides for readjustment

17         of assessment of benefits; providing an

18         effective date.

19

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

21

22         Section 1.  Section 298.005, Florida Statutes, is

23  amended to read:

24         298.005  Definitions The word "owner" defined.--As used

25  in this chapter, the term:

26         (1)  "District water management plan" means the

27  long-range comprehensive planning document prepared by a

28  chapter 373 water management district for implementation of

29  its water resource management responsibilities, including

30  water supply, flood protection, water quality management, and

31  protection of natural systems. A district water management

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  1  plan provides general direction and strategies for the

  2  activities, programs, and rules of the water management

  3  district and may be implemented by program development, water

  4  resource projects, land acquisition, funding, technical

  5  assistance, facility operations, and rule development. A

  6  district water management plan is a planning document and is

  7  not self-executing; only those portions adopted through formal

  8  administrative rulemaking are binding and enforceable.

  9         (2)  "Jurisdictional water management district" means

10  the chapter 373 water management district or districts within

11  which the lands encompassed by a water control district are

12  located.

13         (3)  "Owner" means the owner of the freehold estate, as

14  appears by the deed record. The term does not include

15  reversioners, remaindermen, or mortgagees, who are not to be

16  counted and need not be notified by publication or served by

17  process, but are to be represented by the present owners of

18  the freehold estate in any proceeding under this chapter.

19         (4)  "Water control district" means a special district

20  established in accordance with s. 298.01 and operating under

21  this chapter.

22         (5)  "Water control plan" means the comprehensive

23  operational document that describes the activities and

24  improvements to be conducted by a water control district

25  authorized under this chapter. Alternatively described as a

26  "plan of reclamation" or "water management plan" prior to

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

28  water management implemented by a water control district. The

29  word "owner," as used in this chapter, shall mean the owner of

30  the freehold estate, as appears by the deed record, and it

31  shall not include reversioners, remaindermen, trustees or

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  1  mortgagees, who shall not be counted and need not be notified

  2  by publication, or served by process, but shall be represented

  3  by the present owners of the freehold estate in any proceeding

  4  under this chapter.

  5         Section 2.  Section 298.11, Florida Statutes, is

  6  amended to read:

  7         298.11  Election of board of supervisors; duties of

  8  Department of Environmental Protection and Governor duties.--

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

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

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

12  notice shall be published any district shall have been

13  organized and incorporated under the provisions of this

14  chapter, the clerk of the circuit court in which the petition

15  has been filed shall, upon giving notice by causing

16  publication thereof to be made once a week for 2 consecutive

17  weeks in a some newspaper of general circulation published in

18  each county in which lands of the district are located

19  situate, the last publication insertion to be not less than 10

20  nor more than 15 days before the date day of the such meeting.

21  The, call a meeting of the owners of the lands located situate

22  in the said district shall be scheduled, at a day and hour

23  specified, at some public place in the county within in which

24  most of the district lands are located was organized, for the

25  purpose of electing a board of three supervisors, to be

26  composed of owners of the lands in the said district and

27  residents of the county or counties in which the such district

28  is located situate.

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

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

31  shall conduct the election.; At the such election, each and

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  1  every acre of land in the district shall represent one share,

  2  and each owner shall be entitled to one vote in person or by

  3  proxy in writing duly signed, for every acre of land owned by

  4  him or her in the such district, and the three persons

  5  receiving the highest number of votes shall be declared

  6  elected as supervisors. The appointment of proxies shall

  7  comply with s. 607.0722. Landowners owning less than 1 acre in

  8  the aggregate shall be entitled to one vote. Landowners with

  9  more than 1 acre are entitled to one additional vote for any

10  fraction of an acre owned, when all of the landowners' acreage

11  has been aggregated for purposes of voting. The landowners

12  shall at such election determine the length of the terms of

13  office of each supervisor so elected by them, which shall be

14  respectively 1, 2, and 3 years, and they shall serve until

15  their successors shall have been elected and qualified.

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

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

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

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

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

21  subject to assessment by the water control district, which

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

23  Guardians may represent their wards, executors and

24  administrators may represent estates of deceased persons, and

25  private corporations may be represented by their officers or

26  duly authorized agents. The owners of a majority of the

27  acreage included in such district shall be necessary to

28  constitute a quorum for the purpose of holding such election,

29  or any election thereafter, and in case the owners of a

30  majority of the acreage included in such district are not

31  present in person or duly represented, at the time and the

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

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

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

  4  department, which shall as soon as practicable appoint three

  5  competent persons who own land in such district as such

  6  supervisors for the term of 1, 2, and 3 years respectively,

  7  and who shall hold their office until their successors are

  8  elected or appointed and qualified.

  9         (4)  Any elected or appointed such supervisor so

10  appointed by the department may be removed by the Governor for

11  malfeasance, misfeasance, department for dishonesty,

12  incompetency, or failure to perform the duties imposed upon

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

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

15  the Governor said department as soon as practicable.

16         (5)  The Melbourne-Tillman Water Control District shall

17  have five supervisors. Three supervisors shall be elected by

18  the landowners pursuant to the applicable provisions of this

19  section. Two supervisors, who are district residents, shall be

20  appointed by the Brevard County Board of County Commissioners

21  by majority vote at a regularly scheduled commission meeting

22  for a term of 3 years. The commission may publish notice of

23  this meeting and may take any public testimony which, in its

24  discretion, it feels might bear upon such appointments. Should

25  the landowners fail to elect a supervisor for any reason, the

26  Governor department shall not have power to appoint; instead,

27  the Brevard County Board of County Commissioners shall appoint

28  a competent person who owns land in said district within 30

29  days. A supervisor so appointed shall hold office until a

30  successor is elected or appointed. Any supervisor appointed by

31  the Brevard County Board of County Commissioners may be

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  1  removed by the board for dishonesty, incompetency, or failure

  2  to perform the duties imposed on him or her by this chapter.

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

  4  Statutes, is amended to read:

  5         298.12  Annual election of supervisors; term of office;

  6  vacancy.--

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

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

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

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

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

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

13  elect, the Governor Department of Environmental Protection

14  shall appoint such supervisor, in like manner as prescribed in

15  s. 298.11, who shall hold the supervisor's office for 3 years

16  or until his or her successor is elected and qualified; and in

17  case of a vacancy in any office of supervisor elected by the

18  landowners, the remaining supervisors, or if they fail to act

19  within 30 days, the Governor Department of Environmental

20  Protection, may fill such vacancy until the next annual

21  meeting, when a successor shall be elected for the unexpired

22  term.

23         Section 4.  Section 298.15, Florida Statutes, is

24  amended to read:

25         298.15  Record of proceedings.--The board of

26  supervisors of any district organized under this chapter shall

27  cause to be kept a well-bound book, entitled "record of board

28  of supervisors of .... district," in which shall be recorded

29  minutes of all meetings, proceedings, certificates, bonds

30  given by all employees and any and all corporate acts, which

31  record shall at all times be open to the inspection of anyone

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  1  interested, whether taxpayer or bondholder. Copies of the

  2  record of proceedings shall be filed with the clerk of the

  3  circuit court of the county or counties in which district

  4  lands are located and with the jurisdictional water management

  5  district upon request Department of Environmental Protection.

  6  Any interested person, whether landowner or not, shall be

  7  permitted to inspect the record of proceedings.

  8         Section 5.  Subsections (2) and (3) of section 298.16,

  9  Florida Statutes, are amended to read:

10         298.16  Appointment of chief engineer; engineer's bond

11  and duties.--

12         (2)  The chief engineer shall have control of the

13  engineering work in said district and may, whenever he or she

14  deems it necessary, confer with the chief engineer of this

15  state, or the jurisdictional water management district

16  Department of Environmental Protection, and he or she may, by

17  and with the consent of the board of supervisors, consult any

18  eminent engineer and obtain his or her opinion and advice

19  concerning the reclamation of lands in said districts. The

20  said engineer shall make all necessary surveys of the lands

21  within the boundary lines of said district, as described in

22  the petition, and of all lands adjacent thereto that will be

23  improved or reclaimed in part or in whole by any system of

24  drainage that may be outlined and adopted.

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

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

27  which report shall contain a full and complete water control

28  plan for draining and reclaiming the lands described in the

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

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

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

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

  2  dikes, levees or other works heretofore constructed or built

  3  by the Board of Trustees of the Internal Improvement Trust

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

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

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

  7  water control plan for reclamation; and also, an estimate of

  8  the costs of carrying out and completing the water control

  9  plan of reclamation, including the cost of superintending the

10  same and all incidental expenses in connection therewith. Maps

11  and profiles shall also indicate so far as necessary the

12  physical characteristics of the lands, and location of any

13  public roads, railroads and other rights-of-way, roadways and

14  other property or improvements located on such lands. A copy

15  of the report required by this section shall be filed with the

16  jurisdictional water management district Department of

17  Environmental Protection.

18         Section 6.  Section 298.22, Florida Statutes, is

19  amended to read:

20         298.22  Powers of given supervisors to effect

21  reclamation of land in district.--In order to effect the

22  drainage, protection, and reclamation of the land in the

23  district subject to tax, The board of supervisors of the

24  district has full power and authority to excavate, construct,

25  and complete any and all works and improvements necessary to

26  execute the water control plan. Subject to the authority

27  granted to water management districts and the Department of

28  Environmental Protection under part IV of chapter 373 and

29  chapter 403, the board of supervisors:

30         (1)  May employ persons and purchase machinery to

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

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

  2  contract with others for the supervision, construction,

  3  maintenance, and operation of such works and improvements

  4  either as a whole or in part. Contracts must be advertised and

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

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

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

  8  described works and improvements. Each contract must be in

  9  writing and have attached to it complete plans and

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

11  made under the contract, which plans and specifications must

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

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

14  approved by the board of supervisors, and executed in

15  duplicate by its president and the contractor. The chief

16  engineer of the district must be the superintendent of all

17  district works and improvements.

18         (2)(1)  May clean out, straighten, open up, widen, or

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

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

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

22  district; construct and maintain main and lateral ditches,

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

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

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

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

27  or which may be hereafter constructed by the Department of

28  Environmental Protection or jurisdictional water management

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

30  or adjacent to said district.

31

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  1         (3)(2)  May build and construct any other works and

  2  improvements deemed necessary to preserve and maintain the

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

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

  5  pumping stations, including pumping machinery, motive

  6  equipment, electric lines and all appurtenant or auxiliary

  7  machines, devices or equipment.

  8         (4)(3)  May contract for the purchase, construction,

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

10  the said pumping stations, machinery, motive equipment,

11  electric lines and appurtenant equipment, including the

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

13  same.

14         (5)(4)  May construct or enlarge, or cause to be

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

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

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

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

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

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

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

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

23  improvements, in or out of said district.

24         (6)(5)  Shall have the right to hold, control and

25  acquire by donation or purchase and if need be, condemn any

26  land, easement, railroad right-of-way, sluice, reservoir,

27  holding basin or franchise, in or out of said district, for

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

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

30  maintaining said works and improvements for drainage,

31  protecting and reclaiming the lands in said district.

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  1         (7)(6)  May condemn or acquire, by purchase or grant,

  2  for the use of the district, any land or property within or

  3  without said district not acquired or condemned by the court

  4  on the report of the commissioners assessing benefits and

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

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

  7  or without the district shall also be available for

  8  implementing requirements imposed on those districts subject

  9  to s. 373.4592.

10         (8)(7)  May adopt rules to implement the purposes of

11  this chapter.

12         (9)(8)  May assess and collect reasonable fees for the

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

14         (10)(9)  May implement and authorize the comprehensive

15  water control activities, including flood protection, water

16  quantity management, and water quality protection and

17  improvement, described construction of only those improvements

18  outlined in the water control plan of reclamation.

19         Section 7.  Section 298.225, Florida Statutes, is

20  created to read:

21         298.225  Water control plan; plan development and

22  amendment.--

23         (1)  Effective October 1, 1998, any plan of reclamation

24  or water management plan developed and implemented by a water

25  control district created by this chapter or by special act of

26  the Legislature will be referred to as a "water control plan."

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

28  each water control district must develop or revise the

29  district's water control plan to reflect the minimum

30  requirements set forth in subsection (3). New facilities or

31  modifications to existing facilities described in the water

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  1  control plan or plan amendment must be consistent with those

  2  portions of the district water management plan of the

  3  jurisdictional water management district which have been

  4  implemented by rule.

  5         (3)  Each water control plan must contain, at a

  6  minimum:

  7         (a)  Narrative descriptions of the statutory

  8  responsibilities and powers of the water control district.

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

10  control district and identifying any subdistricts or units

11  within the district.

12         (c)  Narrative descriptions of land use within the

13  district and all existing district facilities and their

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

15         (d)  Engineering drawings and narrative sufficient to

16  describe each facility's capacity for the management and

17  storage of surface waters and potable water supply, if

18  applicable.

19         (e)  A description of any environmental or water

20  quality program that the water control district has

21  implemented or plans to implement.

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

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

24  the district provides services.

25         (g)  Detailed descriptions of facilities and services

26  that the water control district plans to provide within 5

27  years.

28         (h)  A description of the administrative structure of

29  the water control district.

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

31  district and other governmental entities.

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

  2  or revision.

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

  4  sources for the current year.

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

  6  plan amendment under s. 298.301, the board of supervisors must

  7  submit the plan to the jurisdictional water management

  8  district for review. Within 90 days after receipt of the water

  9  control plan, the governing board of the jurisdictional water

10  management district must review the plan for consistency with

11  the district water management plan and recommend to the board

12  of supervisors any proposed changes. If the jurisdictional

13  water management district determines that the plan is

14  incomplete, it may notify the water control district and

15  request additional information. Upon such request, the

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

17  control district and the jurisdictional water management

18  district. Within 60 days after receipt of the governing

19  board's recommended changes, the board of supervisors shall

20  include the recommendations in the water control plan or plan

21  amendment to the extent practicable. If the recommendations

22  are not incorporated, the board of supervisors must specify

23  its reasons in the water control plan or plan amendment

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

25  the jurisdictional water management district and each local

26  general purpose government within which all or a portion of

27  the district's lands are located.

28         (5)  The board of supervisors must review the water

29  control plan at least every 5 years following its initial

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

31  the plan in accordance with s. 298.301.

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  1         Section 8.  Section 298.23, Florida Statutes, is

  2  amended to read:

  3         298.23  Supervisors authorized to take land for

  4  rights-of-way, etc.; payment.--The board of supervisors of a

  5  district organized under this chapter shall not have the right

  6  to enter upon, or appropriate, any land for rights-of-way,

  7  holding basins or other works of the district, until the

  8  prices awarded to the owners of such land shall have been paid

  9  to such owners, or into the hands of the clerks of the circuit

10  courts of the county or counties within which the respective

11  lands are located organizing such district for the use of such

12  owners; and if the sums awarded be not so paid within 5 years

13  from the date of filing the engineer's commissioner's reports,

14  all proceedings as to the taking of such property for

15  rights-of-way, holding basins and other works, not so paid

16  for, shall abate at the cost of said district. Whenever any

17  land is acquired by any district under the provisions of this

18  chapter and the price of such property has been paid the owner

19  by the district, the title, use, possession and enjoyment of

20  such property shall pass from the owner and be vested in the

21  district, and subject to its use, profit, employment and final

22  disposition.  The price awarded for all lands acquired by any

23  district for rights-of-way, holding basins, or other works,

24  and the amount of damage assessed by the board of supervisors

25  commissioners and confirmed by the court to any tract or

26  parcel of land or other property in the district, shall be

27  paid in cash to the owner thereof or to the clerk of the court

28  for the use of such owner, and that portion of any tract or

29  parcel of land not taken for use of the district shall be

30  assessed for the benefits accruing in accordance with the

31  provisions in this chapter.

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  1         Section 9.  Section 298.24, Florida Statutes, is

  2  amended to read:

  3         298.24  Bridge construction.--All bridges contemplated

  4  by this chapter and all enlargements of bridges already in

  5  existence shall be built and enlarged according to and in

  6  compliance with the plans, specifications and orders made or

  7  approved by the chief engineer of the district.  If any such

  8  bridge shall belong to any corporation, or be needed over a

  9  public highway or right-of-way of any corporation, the

10  secretary of said board of supervisors shall give such

11  corporation notice by delivering to its agent or officer, in

12  any county wherein said district is situate, a copy of the

13  order of the board of supervisors of said district declaring

14  the necessity for the construction or enlargement of said

15  bridge.  A failure to construct or enlarge such bridge, within

16  the time specified in such order, shall be taken as a refusal

17  to do said work by said corporation, and thereupon the said

18  board of supervisors shall proceed to let the work of

19  constructing or enlarging the same at the expense of the

20  corporation for the cost thereof, which costs shall be

21  collected by said board of supervisors from said corporation,

22  by suit therefor, if necessary.  But before said board of

23  supervisors shall let such work, it shall give some agent or

24  officer of said corporation, authorized by the laws of this

25  state to accept service of summons, or upon whom service of

26  summons for said corporation might be made, at least 20 days'

27  actual notice of the time and place of letting such work.  Any

28  owner of land, within or without the district, may, at the

29  owner's expense, and in compliance with the terms and

30  provisions of this chapter, construct a bridge across any

31  drain, ditch, canal, or excavation in or out of said district.

                                  16

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  1  Each district shall have full authority to construct and

  2  maintain any ditch or lateral provided in its water control

  3  plan, "plan of reclamation," across any of the public highways

  4  of this state, without proceedings for the condemnation of the

  5  same, or being liable for damages therefor. Within 10 days

  6  after a dredge boat or any other excavating machine shall have

  7  completed a ditch across any public highway, a bridge shall be

  8  constructed and maintained over such drainage ditch where the

  9  same crosses such highway; provided, however, the word

10  corporation as used in this section shall not apply to

11  counties.

12         Section 10.  Section 298.25, Florida Statutes, is

13  amended to read:

14         298.25  Type of bridges over drains in large

15  counties.--Whenever any district cuts or digs a drain, canal

16  or ditch across any public highway, in counties having a

17  population of not less than 130,000, according to the last

18  preceding state census, the style, type and character of such

19  bridge shall be determined by the engineer of the county and

20  the chief engineer of the district, and approved by a majority

21  of the board of county commissioners as soon as the plan of

22  reclamation, locating such canals, drains or ditches, is filed

23  in the office of the clerk of the circuit court of the county

24  or counties in which the lands within the district are

25  located; and the cost of the same, as estimated by the chief

26  engineer of the district, shall be included by the

27  commissioners of the district board of supervisors in the

28  assessment for the construction of the water control plan of

29  reclamation.

30         Section 11.  Section 298.26, Florida Statutes, is

31  amended to read:

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  1         298.26  Chief engineer to make annual reports to

  2  supervisors; approval of reports; water control management

  3  plan.--The chief engineer shall make a report in writing to

  4  the board of supervisors once every 12 months or as directed

  5  by the board and oftener, if said board shall so require. The

  6  report shall describe the progress made and activities

  7  undertaken in furtherance of the water control plan, and may

  8  include suggestions and recommendations to the board as the

  9  chief engineer deems appropriate. Upon receipt of the final

10  report of said engineer concerning the surveys made of the

11  lands contained in the district organized and the lands

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

13  supervisors shall adopt such report, or any modification

14  thereof approved by the chief engineer, after consulting with

15  him or her or someone representing the chief engineer.

16  Thereafter such adopted report shall be the plan for draining

17  or reclaiming such lands from overflow or damage by water, and

18  it shall, after such adoption, be part of known and designated

19  as the water control management plan, which plan shall be

20  filed with the secretary of the board of supervisors and

21  copied by the secretary into the records of the district. A

22  copy of all such annual reports and the water management plan

23  shall be filed with the Department of Environmental

24  Protection. At least once each 5 years the department shall

25  review the water management plan and propose such

26  modifications as it may deem proper.

27         Section 12.  Section 298.28, Florida Statutes, is

28  amended to read:

29         298.28  Watercourses to be connected with drainage of

30  district; connecting drains after completion of plan of

31  drainage.--At the time of the construction, in any district

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  1  incorporated under this chapter, of the water control plan

  2  "the plan of reclamation", all canals, ditches or systems of

  3  drainage already constructed in said district and all

  4  watercourses shall, if necessary to the drainage of any lands

  5  in said district, be connected with and made a part of the

  6  works and improvements of the plan of drainage of said

  7  district, but no canals, ditches, drains, or systems of

  8  drainage constructed in said district, after the completion of

  9  the aforesaid plan of drainage of said district, shall be

10  connected therewith, unless the consent of the board of

11  supervisors shall be first had and obtained; which consent

12  shall be in writing and shall particularly describe the

13  method, terms and conditions of such connection, and shall be

14  approved by the chief engineer.  Said connection, if made,

15  shall be in strict accord with the method, terms, and

16  conditions laid down in said consent.  If the landowners

17  wishing to make such connection are refused by the board of

18  supervisors, or decline to accept the consent granted, the

19  said landowners may file a petition for such connection in the

20  circuit court having jurisdiction in said district, and the

21  matter in dispute shall in a summary manner be decided by said

22  court, which decision shall be final and binding on the

23  district and landowners. No connection with the works or

24  improvements of said plan of drainage of said district, or

25  with any canal, ditch, drain or artificial drainage, wholly

26  within said district, shall be made, caused or affected by any

27  landowners, company or corporation, municipal or private, by

28  means of, or with, any ditch, drain, cut, fill, roadbed,

29  levee, embankment or artificial drainage, wholly without the

30  limits of said district, unless such connection is consented

31

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  1  to by the board of supervisors, or in the manner provided for

  2  in this chapter.

  3         Section 13.  Section 298.301, Florida Statutes, is

  4  created to read:

  5         298.301  District water control plan adoption; plan

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

  7         (1)  District infrastructure and works must be

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

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

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

11  government comprehensive plan within which the lands of the

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

13  resolution at a regularly scheduled meeting, consider the

14  adoption of a district water control plan or plan amendment.

15  Notice, hearing, and final adoption of any proposed water

16  control plan or plan amendment must comply with the provisions

17  of this chapter. Lands may be added to or deleted from a

18  district only by legislative modification of the special act

19  that contains the charter of the district.

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

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

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

23  soon as the resolution proposing the adoption or amendment of

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

25  district secretary, the board of supervisors shall give notice

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

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

28  weeks in a newspaper of general circulation published in each

29  county in which lands and other property described in the

30  resolution are situated. The notice must be in substantially

31  the following form:

                                  20

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  1                        Notice of Hearing

  2         To the owners and all persons interested in the lands

  3  corporate, and other property in and adjacent to the [name of

  4  district] District.

  5         You are notified that the [name of district] District

  6  has filed in the office of the secretary of the district a

  7  resolution to consider approval of a water control plan or an

  8  amendment to the current water control plan to provide [here

  9  insert a summary of the proposed water control plan or plan

10  amendment]. On or before its regularly scheduled meeting of

11  ...(date and time)... at the district's offices located at

12  ...(list address of offices)... written objections to the

13  proposed plan or plan amendment may be filed at the district's

14  offices. A public hearing on the proposed plan or plan

15  amendment will be conducted at the regularly scheduled meeting

16  and written objections will be considered at that time. At the

17  conclusion of the hearing the board of supervisors may

18  determine to proceed with the process for approval of the

19  proposed plan or plan amendment and direct the district

20  engineer to prepare an engineer's report identifying property

21  to be taken, assessing benefits and damages, and estimating

22  the cost of improvement associated with the proposed plan or

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

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

25  noticed and held at a regularly scheduled board of supervisors

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

27  with the secretary of the district.

28

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

30         ............................................

31         (Chairman, Board of Supervisors)

                                  21

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  1          ................ County, Florida

  2

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

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

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

  6  the water management district created under chapter 373 within

  7  which the district is located, the board of county

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

  9  municipality within which the district is located.

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

11  attorney of the district for legal advice and information

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

13  premises and determine the value of all lands, within or

14  without the district, to be acquired by purchase or

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

16  out in the proposed plan or plan amendment. The engineer shall

17  assess the amount of benefits and the amount of damages, if

18  any, that will accrue to each subdivision of land (according

19  to ownership), from carrying out and putting into effect the

20  proposed plan or plan amendment. The engineer shall assess

21  only those benefits that are derived from the construction of

22  the works and improvements set out in the proposed plan or

23  plan amendment. The engineer has no power to change the

24  proposed plan or plan amendment without board approval.

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

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

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

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

29  of acres assessed"; column four, "amount annual assessment

30  assessed"; column five, "total assessments"; column six,

31  "number of acres to be taken for rights-of-way, district

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  1  works, etc."; column seven, "increased value of property from

  2  improvement." The engineer shall also, by and with the advice

  3  of other employees and consultants of the district, estimate

  4  the cost of the works set out in the proposed plan or plan

  5  amendment, including the cost of and the probable expense of

  6  organization and administration. If the engineer's estimate of

  7  increased property value exceeds the total amount of

  8  assessments to be levied against a parcel, benefits are deemed

  9  to exceed damages. A maintenance assessment recommendation

10  must also be included in each engineer's report. However, the

11  maintenance assessment may not be considered as part of the

12  costs of installation or construction specified by the

13  proposed plan or plan amendment in determining whether

14  benefits exceed damages. The report shall be signed by the

15  engineer and filed in the office of the secretary of the

16  district. The secretary of the district, or deputy thereto,

17  shall assist as needed in preparation of the report.

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

19  board of supervisors shall give notice thereof by arranging

20  the publication of the report together with a geographical

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

22  in a news paper of general circulation in each county in the

23  district. The notice must be substantially as follows:

24

25              Notice of Filing Engineer's Report for

26                    ................ District

27

28         Notice is given to all persons interested in the

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

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

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

                                  23

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  1  the engineer hereto appointed to assess benefits and damages

  2  to the property and lands situated in the district and to

  3  appraise the cash value of the land necessary to be taken for

  4  rights-of-way and other works of the district, within or

  5  without the limits of the district, under the proposed water

  6  control plan or plan amendment, filed his report in the office

  7  of the secretary of the district, located at ...(list address

  8  of district offices),... on the ........ day of ............,

  9  19...., and you may examine the report and file written

10  objections with the secretary of the district to all, or any

11  part thereof, on or before ...(enter date 20 days after the

12  last scheduled publication of this notice, which date must be

13  before the date of the final hearing).... The report

14  recommends ...(describe assessment schedule).... If approved,

15  the assessment will be collected by the county tax collector.

16  A final hearing to consider approval of the report and

17  proposed water control plan or plan amendment shall be held

18  ...(time, place, and date at least 30 days after the last

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

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

21

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

23         ............................................

24         (Chairman, Board of Supervisors)

25          ................ County, Florida

26

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

28  written objections with the secretary of the district to any

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

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

31  of filing of the engineer's report.

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

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

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

  4  of supervisors determines at the final public hearing, upon

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

  6  the objections, that the estimated cost of construction of

  7  improvements contemplated in the plan or plan amendment is

  8  less than the benefits assessed against the lands in the

  9  district, the board of supervisors shall approve and confirm

10  the engineer's report; but, if the board of supervisors

11  determines that any of the objections should be sustained, it

12  shall order the report changed to conform with its findings,

13  and when changed the board of supervisors shall approve and

14  confirm or disapprove, as appropriate, the report and enter

15  its order approving or disapproving, as appropriate, the

16  report and proposed plan or plan amendment. When any land or

17  other property is shown by the engineer's report to be needed

18  for rights-of-way, or other works, the board of supervisors

19  may institute proceedings under chapter 73 or chapter 74 in

20  the circuit court of the proper county to condemn the lands

21  and other property that must be taken or damaged in the making

22  of improvements, with the right and privilege of paying into

23  court a sum to be fixed by the circuit court judge and of

24  proceeding with the work, before the assessment by the jury.

25         (9)  Any party identified in subsection (3) may

26  challenge the decision of the board in the manner and time

27  provided by the Florida Rules of Civil and Appellate

28  Procedure. If it is determined by court order that any tract

29  or lot of land or parts thereof, upon which a non-ad valorem

30  assessment is authorized and levied, will not be benefitted by

31  or receive any benefit from the completion of the plan or plan

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  1  amendment, or will be burdened disproportionately to other

  2  similarly benefitted land, then the non-ad valorem assessment

  3  may not be levied against that land.

  4         Section 14.  Section 298.305, Florida Statutes, is

  5  created to read:

  6         298.305  Assessing land for development; apportionment

  7  of assessment.--After the engineer's report has been approved

  8  by the board of supervisors, the proposed water control plan

  9  or plan amendment has been finally adopted, and the lists of

10  lands with the assessed benefits have been filed in the office

11  of the secretary of the district, then the board of

12  supervisors shall levy a non-ad valorem assessment as approved

13  by the board on all lands in the district to which benefits

14  have been assessed, to pay the costs of the completion of the

15  proposed works and improvements, as shown in the adopted plan

16  or plan amendment and in carrying out the objectives of the

17  district; and, in addition thereto, 10 percent of the total

18  amount for contingencies. The assessment must be apportioned

19  to and levied on each assessable tract of land in the

20  district. Land owned by entities of government are not subject

21  to assessment under this section. Under s. 298.54, the board

22  of supervisors may also levy a maintenance assessment on all

23  lands in the district to which benefits have been assessed as

24  may be necessary to operate and maintain the district works

25  and activities and to defray the current expenses of the

26  district. A maintenance assessment recommendation for the

27  operation and maintenance of the district works and activities

28  must be included in each engineer's report considered by the

29  board.

30         Section 15.  Section 298.329, Florida Statutes, is

31  created to read:

                                  26

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  1         298.329  When works insufficient, supervisors have

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

  3  of bonds; procedure.--

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

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

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

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

  8  water control plan, containing new or modified public

  9  infrastructure or other authorized works, and additional

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

11  same to be made in proportion to the increased benefits

12  accruing to the lands because of the additional works.

13         (2)  If the board of supervisors determines at any time

14  that the amount of total assessments levied under this chapter

15  or the funds derived from the sale of bonds are insufficient

16  to pay the cost of works set out in the water control plan,

17  the board of supervisors may make an additional levy to

18  provide funds to complete the works and, in addition, up to 10

19  percent of the total amount for contingencies; and, may issue

20  bonds to finance the increased cost of completing the works

21  described in the water control plan; however, the principal

22  amount of the additional bonds and the principal amount of any

23  bonds previously issued to finance the works must not, in the

24  aggregate, exceed 90 percent of the benefits assessed.

25         (3)  If the board of supervisors determines at any time

26  that the water control plan requires modification and that the

27  amount of the total assessments levied under this chapter or

28  the funds derived from the sale of bonds are insufficient to

29  carry out the water control plan with the proposed

30  modification, the board of supervisors may initiate plan

31  amendment proceedings.

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  1         (4)  After the engineer's report has been approved and

  2  the resolution amending the water control plan adopted by the

  3  board of supervisors, the board may levy a non-ad valorem

  4  assessment on all lands in the district to which benefits have

  5  been assessed to pay the increased cost of completing the

  6  works and improvements described in the water control plan as

  7  amended. The assessment may include the cost of maintaining

  8  and operating the facilities and all incidental expenses in

  9  connection therewith, plus an additional 10 percent of the

10  total amount for contingencies. The additional assessments

11  authorized to be levied under this section must be levied and

12  collected in the same manner as the original assessments.

13         (5)  The issuance of bonds under the provisions of this

14  section must comply with the provisions of s. 298.47. Any

15  additional tax authorized to be levied for completion of the

16  works and improvements described in the water control plan

17  must be apportioned to and levied upon each tract of land in

18  the district in proportion to the benefits assessed against it

19  and not in excess thereof; and, if bonds are issued, the

20  amount of the interest that will accrue on the bonds, as

21  estimated by the board of supervisors, must be included and

22  added to the additional levy. The interest to accrue on the

23  bonds must not be included as part of the cost of construction

24  in the determination of whether or not the expenses and costs

25  of making the improvements shown in the water control plan are

26  equal to or in excess of the benefits assessed.

27         Section 16.  Section 298.333, Florida Statutes, is

28  created to read:

29         298.333  Assessments and costs; a lien on land against

30  which levied.--All non-ad valorem assessments provided for in

31  this chapter, together with all penalties for default in

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  1  payment of the same and all costs in collecting the same,

  2  constitutes, from the date of assessment thereof until paid, a

  3  lien of equal dignity with the liens for county taxes and

  4  other taxes of equal dignity with county taxes upon all the

  5  lands against which such assessments have been levied and

  6  assessed, pursuant to s. 197.3632.

  7         Section 17.  Section 298.337, Florida Statutes, is

  8  created to read:

  9         298.337  Levies of assessments on land less than 1

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

11  or parcel of land less than 1 acre in area is to be assessed

12  as a full acre.

13         Section 18.  Section 298.341, Florida Statutes, is

14  created to read:

15         298.341  When unpaid assessments delinquent;

16  penalty.--All non-ad valorem assessments provided for in this

17  chapter become delinquent and bear penalties on the amount of

18  the assessments in the same manner as county taxes. The

19  assessments constitute a lien until paid on the property

20  against which assessed and are enforceable in the same manner

21  as county taxes.

22         Section 19.  Section 298.345, Florida Statutes, is

23  created to read:

24         298.345  Enforcement of non-ad valorem

25  assessments.--The collection and enforcement of all non-ad

26  valorem assessments levied by the district shall be at the

27  same time and in like manner as county taxes, and the

28  provisions of the Florida Statutes relating to the sale of

29  lands for unpaid and delinquent county taxes, the issuance,

30  sale, and delivery of tax certificates for such unpaid and

31  delinquent county taxes, the redemption thereof, the issuance

                                  29

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  1  to individuals of tax deeds based thereon, and all other

  2  procedures in connection therewith, apply to the district and

  3  the delinquent and unpaid assessments and taxes of the

  4  district to the same extent as if the statutory provisions

  5  were expressly set forth in this chapter. All non-ad valorem

  6  assessments are subject to the same discounts as county taxes.

  7         Section 20.  Section 298.349, Florida Statutes, is

  8  created to read:

  9         298.349  Uniform initial acreage assessment for payment

10  of expenses.--There is levied upon each acre of land within a

11  water control district created on or after July 1, 1997, a

12  uniform initial assessment of $50 per acre for the year in

13  which the district is created, to be used by the district,

14  through its board of supervisors, for the purpose of district

15  administration, paying expenses incurred or to be incurred in

16  making surveys of the lands in the district, assessing

17  benefits and damages, and other expenses necessarily incurred,

18  as estimated or determined by the board of supervisors, before

19  the board collects or receives funds under the remaining

20  provisions of this chapter. The assessment constitutes a lien

21  upon the lands in the district from the effective date of the

22  special act creating the district and must be collected by the

23  district. If the board of supervisors determines that it is

24  necessary to obtain funds to pay any expenses incurred or to

25  be incurred in organizing the district, or any other expenses

26  relating to the conduct and operation of the district, before

27  a sufficient sum can be obtained by collecting the acreage

28  assessment levied by this section, the board may borrow a

29  sufficient sum of money for any of those purposes, may issue

30  notes or bonds therefor, and may pledge any and all

31  assessments of the initial acreage assessment levied under the

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  1  provisions of this section for the repayment thereof. The

  2  board of supervisors may issue notes or bonds to any person or

  3  persons performing work or services or furnishing anything of

  4  value in the organization of the district or for any other

  5  expenses necessarily incurred before the receipt of funds

  6  arising from assessments or benefits.

  7         Section 21.  Section 298.353, Florida Statutes, is

  8  created to read:

  9         298.353  Unit development; powers of board of

10  supervisors to designate units of district; financing

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

12  district may designate areas of parts of the district as

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

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

15  water control plan or plan amendment as provided in this

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

17  given appropriate numbers or names by the board of supervisors

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

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

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

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

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

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

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

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

26  carried on and conducted, whenever the board of supervisors

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

28  advisable to implement the district infrastructure and service

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

30  shall, by resolution duly adopted and entered upon its

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

                                  31

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  1  and shall proceed through the water control plan adoption or

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

  3  location, boundaries, and description of lands within each

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

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

  6  the enumeration of or reference in this section to specific

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

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

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

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

11  district, the notices to district landowners required under s.

12  298.301 need be provided only to owners of lands within the

13  affected unit or units and immediately contiguous properties

14  within the district. All assessments, levies, taxes, bonds,

15  and other obligations made, levied, assessed, or issued for or

16  in respect to any unit or units constitute a lien and charge

17  solely and only upon the lands in the unit or units,

18  respectively, for the benefit of which the same have been

19  levied, made, or issued, and not upon the remaining units or

20  lands in the district. The board of supervisors may at any

21  time amend the location and description of lands in any unit

22  or units by proceeding in accordance with the provisions of

23  this section for the original creation of the unit or units.

24  If, after the approval of the engineer's report of benefits in

25  any unit or units or the issuance of bonds or other

26  obligations that are payable from taxes or assessments for

27  benefits levied upon lands within any unit or units, the board

28  of supervisors finds that the infrastructure or service plan

29  for the unit or units is insufficient or inadequate for

30  efficient development, the plan may be amended or changed and

31  the unit or units may be amended or changed as provided in

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  1  this section, by changing the location and description of

  2  lands in the unit or units, by detaching lands therefrom, or

  3  by adding lands thereto pursuant to this chapter. However, a

  4  change or amendment to a designated unit is not authorized if

  5  it has the effect of impairing a debt or other obligation of

  6  the unit or the district.

  7         Section 22.  Section 298.59, Florida Statutes, is

  8  amended to read:

  9         298.59  Supervisors authorized to obtain consent of

10  United States.--In case the water control plan of reclamation

11  of any district organized and incorporated under this chapter

12  and the improvement provided thereunder be of such nature as

13  requires the permission or consent of the Government of the

14  United States, or any department or officer of the Government

15  of the United States, the board of supervisors of the district

16  may obtain the required permission or consent of the

17  Government of the United States or any proper officer or

18  department thereof; and to that end the board of supervisors

19  may bind the district to comply with any conditions that may

20  be attached to such permission or consent, including the

21  giving of any bond or other obligation for the faithful

22  performance of such conditions.

23         Section 23.  Sections 298.07, 298.27, 298.29, 298.30,

24  298.31, 298.32, 298.33, 298.34, 298.35, 298.36, 298.467, and

25  298.55, Florida Statutes, are repealed.

26         Section 24.  This act shall take effect upon becoming a

27  law.

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  2                          SENATE SUMMARY

  3    Amends and creates pertinent sections of chapter 298,
      Florida Statutes, relating to drainage districts to
  4    provide for: definitions; the water management plan to be
      renamed the water control plan; the water control plan to
  5    serve the functions of the former plan of reclamation;
      the jurisdictional water management district to provide
  6    review responsibilities previously provided by the
      Department of Environmental Protection; the appointment
  7    of supervisors by the Governor; water control plan
      adoption and revision requirements; assessment of lands;
  8    duties of district engineer and district attorney; the
      levy and enforcement of non-ad valorem assessments; the
  9    issuance of bonds; liens; a uniform initial acreage
      assessment for payment of expenses; and the designation
10    of financial units. Repeals various other sections of
      chapter 298, Florida Statutes, for consistency with the
11    amended and created sections.

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