House Bill 0501c1

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    Florida House of Representatives - 1997              CS/HB 501

        By the Committee on Water & Resource Management and
    Representatives Laurent, Putnam, Harrington and Bainter





  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         298.36, 298.47, and 298.59, F.S.; creating ss.

  6         298.225, 298.301, 298.305, 298.329, 298.333,

  7         298.337, 298.341, 298.345, 298.349, and

  8         298.353, F.S.; providing definitions; deleting

  9         references to Melbourne-Tillman Water Control

10         District; providing for the water management

11         plan to be renamed the water control plan;

12         providing for the water control plan to serve

13         the functions of the former plan of

14         reclamation; providing for the jurisdictional

15         water management district to provide certain

16         review responsibilities previously provided by

17         the Department of Environmental Protection;

18         providing for the appointment of certain

19         supervisors by the Governor; revising powers of

20         water control district supervisors;

21         substituting power to adopt policies and

22         resolutions for power to adopt rules; providing

23         revised water control plan adoption and

24         amendment requirements; providing for

25         assessment of lands; providing duties for

26         district engineer and district attorney;

27         providing for the levy and enforcement of

28         non-ad valorem assessments; authorizing the

29         issuance of bonds; providing for liens;

30         providing for a uniform initial acreage

31         assessment for payment of expenses; authorizing

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  1         districts to designate financial units;

  2         amending s. 190.013, F.S.; correcting a cross

  3         reference; repealing s. 298.07, F.S., which

  4         provides for the water management plan;

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

  6         the plan of reclamation; repealing s. 298.29,

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

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

  9         which provides for appraisal of lands;

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

11         appointment of commissioners; repealing s.

12         298.32, F.S., which provides for duties of

13         commissioners, district attorney, and district

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

15         provides for notice of report; repealing s.

16         298.34, F.S., which provides for exceptions to

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

18         provides for plan of reclamation; repealing s.

19         298.467, F.S., which prohibits the Department

20         of Environmental Protection from borrowing

21         money; repealing s. 298.55, F.S., which

22         provides for readjustment of assessment of

23         benefits; providing an effective date.

24

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

26

27         Section 1.  Section 298.005, Florida Statutes, is

28  amended to read:

29         298.005  Definitions The word "owner" defined.--As used

30  in this chapter, the term:

31

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  1         (1)  "Jurisdictional water management district" means

  2  the chapter 373 water management district or districts within

  3  which the lands encompassed by a water control district are

  4  located.

  5         (2)  "Owner" means the owner of the freehold estate, as

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

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

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

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

10  the freehold estate in any proceeding under this chapter.

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

12  established in accordance with s. 298.01 and operating under

13  this chapter.

14         (4)  "Water control plan" means the comprehensive

15  operational document that describes the activities and

16  improvements to be conducted by a water control district

17  authorized under this chapter. Alternatively described as a

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

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

20  water management implemented by a water control district. The

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

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

23  shall not include reversioners, remaindermen, trustees or

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

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

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

27  under this chapter.

28         Section 2.  Section 298.11, Florida Statutes, is

29  amended to read:

30         298.11  Election of board of supervisors; duties of

31  Department of Environmental Protection and Governor duties.--

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

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

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

  4  notice shall be published any district shall have been

  5  organized and incorporated under the provisions of this

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

  7  has been filed shall, upon giving notice by causing

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

  9  weeks in a some newspaper of general circulation published in

10  each county in which lands of the district are located

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

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

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

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

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

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

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

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

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

20  is located situate.

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

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

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

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

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

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

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

28  receiving the highest number of votes shall be declared

29  elected as supervisors. The appointment of proxies shall

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

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

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

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

  3  has been aggregated for purposes of voting. The landowners

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

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

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

  7  their successors shall have been elected and qualified.

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

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

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

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

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

13  subject to assessment by the water control district, which

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

15  Guardians may represent their wards, executors and

16  administrators may represent estates of deceased persons, and

17  private corporations may be represented by their officers or

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

19  acreage included in such district shall be necessary to

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

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

22  majority of the acreage included in such district are not

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

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

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

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

27  department, which shall as soon as practicable appoint three

28  competent persons who own land in such district as such

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

30  and who shall hold their office until their successors are

31  elected or appointed and qualified.

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  1         (4)  Any elected or appointed such supervisor so

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

  3  malfeasance, misfeasance, department for dishonesty,

  4  incompetency, or failure to perform the duties imposed upon

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

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

  7  the Governor said department as soon as practicable.

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

  9  have five supervisors. Three supervisors shall be elected by

10  the landowners pursuant to the applicable provisions of this

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

12  appointed by the Brevard County Board of County Commissioners

13  by majority vote at a regularly scheduled commission meeting

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

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

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

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

18  department shall not have power to appoint; instead, the

19  Brevard County Board of County Commissioners shall appoint a

20  competent person who owns land in said district within 30

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

22  successor is elected or appointed. Any supervisor appointed by

23  the Brevard County Board of County Commissioners may be

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

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

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

27  Statutes, is amended to read:

28         298.12  Annual election of supervisors; term of office;

29  vacancy.--

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

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

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

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

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

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

  5  elect, the Governor Department of Environmental Protection

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

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

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

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

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

11  within 30 days, the Governor Department of Environmental

12  Protection, may fill such vacancy until the next annual

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

14  term.

15         Section 4.  Section 298.15, Florida Statutes, is

16  amended to read:

17         298.15  Record of proceedings.--The board of

18  supervisors of any district organized under this chapter shall

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

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

21  minutes of all meetings, proceedings, certificates, bonds

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

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

24  interested, whether taxpayer or bondholder. Copies of the

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

26  circuit court of the county or counties in which district

27  lands are located and with the jurisdictional water management

28  district upon request Department of Environmental Protection.

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

30  permitted to inspect the record of proceedings.

31

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

  2  Florida Statutes, are amended to read:

  3         298.16  Appointment of chief engineer; engineer's bond

  4  and duties.--

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

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

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

  8  state, or the jurisdictional water management district

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

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

11  eminent engineer and obtain his or her opinion and advice

12  concerning the reclamation of lands in said districts. The

13  said engineer shall make all necessary surveys of the lands

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

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

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

17  drainage that may be outlined and adopted.

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

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

20  which report shall contain a full and complete water control

21  plan for draining and reclaiming the lands described in the

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

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

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

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

26  dikes, levees or other works heretofore constructed or built

27  by the Board of Trustees of the Internal Improvement Trust

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

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

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

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

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  1  the costs of carrying out and completing the water control

  2  plan of reclamation, including the cost of superintending the

  3  same and all incidental expenses in connection therewith. Maps

  4  and profiles shall also indicate so far as necessary the

  5  physical characteristics of the lands, and location of any

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

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

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

  9  jurisdictional water management district Department of

10  Environmental Protection.

11         Section 6.  Section 298.22, Florida Statutes, is

12  amended to read:

13         298.22  Powers of given supervisors to effect

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

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

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

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

18  and complete any and all works and improvements necessary to

19  execute the water control plan. Subject to the applicable

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

21  supervisors:

22         (1)  May employ persons and purchase machinery to

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

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

25  contract with others for the supervision, construction,

26  maintenance, and operation of such works and improvements

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

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

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

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

31  described works and improvements. Each contract must be in

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  1  writing and have attached to it complete plans and

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

  3  made under the contract, which plans and specifications must

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

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

  6  approved by the board of supervisors, and executed in

  7  duplicate by its president and the contractor. The chief

  8  engineer of the district must be the superintendent of all

  9  district works and improvements.

10         (2)(1)  May clean out, straighten, open up, widen, or

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

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

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

14  district; construct and maintain main and lateral ditches,

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

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

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

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

19  or which may be hereafter constructed by the Department of

20  Environmental Protection or jurisdictional water management

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

22  or adjacent to said district.

23         (3)(2)  May build and construct any other works and

24  improvements deemed necessary to preserve and maintain the

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

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

27  pumping stations, including pumping machinery, motive

28  equipment, electric lines and all appurtenant or auxiliary

29  machines, devices or equipment.

30         (4)(3)  May contract for the purchase, construction,

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

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  1  the said pumping stations, machinery, motive equipment,

  2  electric lines and appurtenant equipment, including the

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

  4  same.

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

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

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

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

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

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

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

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

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

14  improvements, in or out of said district.

15         (6)(5)  Shall have the right to hold, control and

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

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

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

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

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

21  maintaining said works and improvements for drainage,

22  protecting and reclaiming the lands in said district.

23         (7)(6)  May condemn or acquire, by purchase or grant,

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

25  without said district not acquired or condemned by the court

26  on the report of the commissioners assessing benefits and

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

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

29  or without the district shall also be available for

30  implementing requirements imposed on those districts subject

31  to s. 373.4592.

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  1         (8)(7)  May adopt resolutions and policies rules to

  2  implement the purposes of this chapter.

  3         (9)(8)  May assess and collect reasonable fees for the

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

  5         (10)(9)  May implement and authorize the comprehensive

  6  water control activities, including flood protection, water

  7  quantity management, and water quality protection and

  8  improvement, described construction of only those improvements

  9  outlined in the water control plan of reclamation.

10         Section 7.  Section 298.225, Florida Statutes, is

11  created to read:

12         298.225  Water control plan; plan development and

13  amendment.--

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

15  or water management plan developed and implemented by a water

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

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

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

19  each water control district must develop or revise the

20  district's water control plan to reflect the minimum

21  requirements set forth in subsection (3).

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

23  minimum:

24         (a)  Narrative descriptions of the statutory

25  responsibilities and powers of the water control district.

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

27  control district and identifying any subdistricts or units

28  within the district.

29         (c)  Narrative descriptions of land use within the

30  district and all existing district facilities and their

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

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  1         (d)  Engineering drawings and narrative sufficient to

  2  describe each facility's capacity for the management and

  3  storage of surface waters and potable water supply, if

  4  applicable.

  5         (e)  A description of any environmental or water

  6  quality program that the water control district has

  7  implemented or plans to implement.

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

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

10  the district provides services.

11         (g)  Detailed descriptions of facilities and services

12  that the water control district plans to provide within 5

13  years.

14         (h)  A description of the administrative structure of

15  the water control district.

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

17  district and other governmental entities.

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

19  or revision.

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

21  sources for the current year.

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

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

24  submit the plan to the jurisdictional water management

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

26  control plan, the governing board of the jurisdictional water

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

28  delegated, must review the plan for consistency with the

29  applicable water resource plans and policies and recommend to

30  the board of supervisors any proposed changes. If the

31  jurisdictional water management district determines that the

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  1  plan is incomplete, it may notify the water control district

  2  and request additional information. Upon such request, the

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

  4  control district and the jurisdictional water management

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

  6  management district's recommended changes, the board of

  7  supervisors shall include the recommendations in the water

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

  9  the recommendations are not incorporated, the board of

10  supervisors must specify its reasons in the water control plan

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

12  must be filed with the jurisdictional water management

13  district and each local general purpose government within

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

15         (5)  The review or approval of the water control plan

16  by the applicable water management district shall not

17  constitute the granting of any permit necessary for the

18  construction or operation of any water control district work

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

20  permit application.

21         (6)  The board of supervisors must review the water

22  control plan at least every 5 years following its initial

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

24  the plan in accordance with s. 298.301.

25         Section 8.  Section 298.23, Florida Statutes, is

26  amended to read:

27         298.23  Supervisors authorized to take land for

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

29  district organized under this chapter shall not have the right

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

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

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

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

  3  courts of the county or counties within which the respective

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

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

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

  7  all proceedings as to the taking of such property for

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

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

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

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

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

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

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

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

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

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

18  commissioners and confirmed by the court to any tract or

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

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

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

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

23  assessed for the benefits accruing in accordance with the

24  provisions in this chapter.

25         Section 9.  Section 298.24, Florida Statutes, is

26  amended to read:

27         298.24  Bridge construction.--All bridges contemplated

28  by this chapter and all enlargements of bridges already in

29  existence shall be built and enlarged according to and in

30  compliance with the plans, specifications and orders made or

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

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

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

  3  secretary of said board of supervisors shall give such

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

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

  6  order of the board of supervisors of said district declaring

  7  the necessity for the construction or enlargement of said

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

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

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

11  board of supervisors shall proceed to let the work of

12  constructing or enlarging the same at the expense of the

13  corporation for the cost thereof, which costs shall be

14  collected by said board of supervisors from said corporation,

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

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

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

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

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

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

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

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

23  provisions of this chapter, construct a bridge across any

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

25  Each district shall have full authority to construct and

26  maintain any ditch or lateral provided in its water control

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

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

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

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

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

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  1  constructed and maintained over such drainage ditch where the

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

  3  corporation as used in this section shall not apply to

  4  counties.

  5         Section 10.  Section 298.25, Florida Statutes, is

  6  amended to read:

  7         298.25  Type of bridges over drains in large

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

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

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

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

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

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

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

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

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

17  or counties in which the lands within the district are

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

19  engineer of the district, shall be included by the

20  commissioners of the district board of supervisors in the

21  assessment for the construction of the water control plan of

22  reclamation.

23         Section 11.  Section 298.26, Florida Statutes, is

24  amended to read:

25         298.26  Chief engineer to make annual reports to

26  supervisors; approval of reports; water control management

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

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

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

30  report shall describe the progress made and activities

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

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  1  include suggestions and recommendations to the board as the

  2  chief engineer deems appropriate. Upon receipt of the final

  3  report of said engineer concerning the surveys made of the

  4  lands contained in the district organized and the lands

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

  6  supervisors shall adopt such report, or any modification

  7  thereof approved by the chief engineer, after consulting with

  8  him or her or someone representing the chief engineer.

  9  Thereafter such adopted report shall be the plan for draining

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

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

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

13  filed with the secretary of the board of supervisors and

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

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

16  shall be filed with the Department of Environmental

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

18  review the water management plan and propose such

19  modifications as it may deem proper.

20         Section 12.  Section 298.28, Florida Statutes, is

21  amended to read:

22         298.28  Watercourses to be connected with drainage of

23  district; connecting drains after completion of plan of

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

25  incorporated under this chapter, of the water control plan

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

27  drainage already constructed in said district and all

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

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

30  works and improvements of the plan of drainage of said

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

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  1  drainage constructed in said district, after the completion of

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

  3  connected therewith, unless the consent of the board of

  4  supervisors shall be first had and obtained; which consent

  5  shall be in writing and shall particularly describe the

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

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

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

  9  conditions laid down in said consent.  If the landowners

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

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

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

13  circuit court having jurisdiction in said district, and the

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

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

16  district and landowners. No connection with the works or

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

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

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

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

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

22  levee, embankment or artificial drainage, wholly without the

23  limits of said district, unless such connection is consented

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

25  in this chapter.

26         Section 13.  Section 298.301, Florida Statutes, is

27  created to read:

28         298.301  District water control plan adoption; plan

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

30         (1)  District infrastructure and works must be

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

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

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

  3  government comprehensive plan within which the lands of the

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

  5  resolution at a regularly scheduled meeting, consider the

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

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

  8  control plan or plan amendment must comply with the provisions

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

10  district only by legislative modification of the special act

11  that contains the charter of the district.

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

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

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

15  soon as the resolution proposing the adoption or amendment of

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

17  district secretary, the board of supervisors shall give notice

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

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

20  weeks in a newspaper of general circulation published in each

21  county in which lands and other property described in the

22  resolution are situated. The notice must be in substantially

23  the following form:

24                        Notice of Hearing

25         To the owners and all persons interested in the lands

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

27  district] District.

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

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

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

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

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

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

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

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

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

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

  7  amendment will be conducted at the regularly scheduled meeting

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

  9  conclusion of the hearing the board of supervisors may

10  determine to proceed with the process for approval of the

11  proposed plan or plan amendment and direct the district

12  engineer to prepare an engineer's report identifying property

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

14  the cost of improvement associated with the proposed plan or

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

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

17  noticed and held at a regularly scheduled board of supervisors

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

19  with the secretary of the district.

20

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

22         ............................................

23         (Chairman, Board of Supervisors)

24          ................ County, Florida

25

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

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

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

29  the water management district created under chapter 373 within

30  which the district is located, the board of county

31

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

  2  municipality within which the district is located.

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

  4  attorney of the district for legal advice and information

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

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

  7  without the district, to be acquired by purchase or

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

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

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

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

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

13  proposed plan or plan amendment. The engineer shall assess

14  only those benefits that are derived from the construction of

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

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

17  proposed plan or plan amendment without board approval.

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

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

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

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

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

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

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

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

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

27  of other employees and consultants of the district, estimate

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

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

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

31  increased property value exceeds the total amount of

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

  2  to exceed damages. A maintenance assessment recommendation

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

  4  maintenance assessment may not be considered as part of the

  5  costs of installation or construction specified by the

  6  proposed plan or plan amendment in determining whether

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

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

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

10  shall assist as needed in preparation of the report.

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

12  board of supervisors shall give notice thereof by arranging

13  the publication of the report together with a geographical

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

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

16  district. The notice must be substantially as follows:

17

18              Notice of Filing Engineer's Report for

19                    ................ District

20

21         Notice is given to all persons interested in the

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

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

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

25  the engineer hereto appointed to assess benefits and damages

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  9  A final hearing to consider approval of the report and

10  proposed water control plan or plan amendment shall be held

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

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

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

14

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

16         ............................................

17         (Chairman, Board of Supervisors)

18          ................ County, Florida

19

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

21  written objections with the secretary of the district to any

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

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

24  of filing of the engineer's report.

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

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

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

28  of supervisors determines at the final public hearing, upon

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

30  the objections, that the estimated cost of construction of

31  improvements contemplated in the plan or plan amendment is

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  1  less than the benefits assessed against the lands in the

  2  district, the board of supervisors shall approve and confirm

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

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

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

  6  and when changed the board of supervisors shall approve and

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

  8  its order approving or disapproving, as appropriate, the

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

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

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

12  may institute proceedings under chapter 73 or chapter 74 in

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

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

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

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

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

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

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

20  provided by the Florida Rules of Civil and Appellate

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

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

23  assessment is authorized and levied, will not be benefited by

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

25  amendment, or will be burdened disproportionately to other

26  similarly benefited land, then the non-ad valorem assessment

27  may not be levied against that land.

28         Section 14.  Section 298.305, Florida Statutes, is

29  created to read:

30         298.305  Assessing land for development; apportionment

31  of assessment.--

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

  2  the board of supervisors, the proposed water control plan or

  3  plan amendment has been finally adopted, and the lists of

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

  5  of the secretary of the district, then the board of

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

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

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

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

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

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

12  amount for contingencies.  The assessment must be apportioned

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

14  district.  Under s. 298.54, the board of supervisors may also

15  levy a maintenance assessment on all lands in the district to

16  which benefits have been assessed as may be necessary to

17  operate and maintain the district works and activities and to

18  defray the current expenses of the district.  A maintenance

19  assessment recommendation for the operation and maintenance of

20  the district works and activities must be included in each

21  engineer's report considered by the board.

22         (2)  The board of supervisors may issue bonds in

23  accordance with s. 298.47 to pay the cost of the works and

24  improvements described in the water control plan.  Upon such

25  determination, the board of supervisors shall levy a non-ad

26  valorem assessment in a sum not less than an amount, 90

27  percent of which shall be equal to the principal of said

28  bonds.  In no event shall the total amount of all bonds to be

29  issued by the district exceed 90 percent of the benefits

30  assessed upon the lands of the district.  Bonds issued under

31  this section shall draw interest at a rate provided by general

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  1  law and shall be made payable at such time and place as the

  2  board of supervisors may determine.  The amount of the

  3  interest that will accrue on the bonds, as estimated by the

  4  board of supervisors, shall be included and added to the

  5  assessment, but the interest to accrue on the bonds shall not

  6  be included as part of the cost of construction in determining

  7  whether or not the expenses and costs of making the

  8  improvements shown in the water control plan are equal to, or

  9  in excess of, the benefits assessed.

10         Section 15.  Section 298.329, Florida Statutes, is

11  created to read:

12         298.329  When works insufficient, supervisors have

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

14  of bonds; procedure.--

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

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

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

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

19  water control plan, containing new or modified public

20  infrastructure or other authorized works, and additional

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

22  same to be made in proportion to the increased benefits

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

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

25  applicable water management district in accordance with

26  subsection 298.225(4).

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

28  that the amount of total assessments levied under this chapter

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

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

31  the board of supervisors may make an additional levy to

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

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

  3  bonds to finance the increased cost of completing the works

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

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

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

  7  aggregate, exceed 90 percent of the benefits assessed.

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

  9  that the water control plan requires modification and that the

10  amount of the total assessments levied under this chapter or

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

12  carry out the water control plan with the proposed

13  modification, the board of supervisors may initiate plan

14  amendment proceedings.

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

16  the resolution amending the water control plan adopted by the

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

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

19  been assessed to pay the increased cost of completing the

20  works and improvements described in the water control plan as

21  amended. The assessment may include the cost of maintaining

22  and operating the facilities and all incidental expenses in

23  connection therewith, plus an additional 10 percent of the

24  total amount for contingencies. The additional assessments

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

26  collected in the same manner as the original assessments.

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

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

29  additional tax authorized to be levied for completion of the

30  works and improvements described in the water control plan

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

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  1  the district in proportion to the benefits assessed against it

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

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

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

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

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

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

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

  9  equal to or in excess of the benefits assessed.

10         Section 16.  Section 298.333, Florida Statutes, is

11  created to read:

12         298.333  Assessments and costs; a lien on land against

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

14  this chapter, together with all penalties for default in

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

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

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

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

19  lands against which such assessments have been levied and

20  assessed, pursuant to s. 197.3632.

21         Section 17.  Section 298.337, Florida Statutes, is

22  created to read:

23         298.337  Levies of assessments on land less than 1

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

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

26  as a full acre.

27         Section 18.  Section 298.341, Florida Statutes, is

28  created to read:

29         298.341  When unpaid assessments delinquent;

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

31  chapter become delinquent and bear penalties on the amount of

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

  2  assessments constitute a lien until paid on the property

  3  against which assessed and are enforceable in the same manner

  4  as county taxes.

  5         Section 19.  Section 298.345, Florida Statutes, is

  6  created to read:

  7         298.345  Enforcement of non-ad valorem

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

  9  valorem assessments levied by the district shall be at the

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

11  provisions of the Florida Statutes relating to the sale of

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

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

14  delinquent county taxes, the redemption thereof, the issuance

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

16  procedures in connection therewith, apply to the district and

17  the delinquent and unpaid assessments and taxes of the

18  district to the same extent as if the statutory provisions

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

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

21         Section 20.  Section 298.349, Florida Statutes, is

22  created to read:

23         298.349  Uniform initial acreage assessment for payment

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

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

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

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

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

29  administration, paying expenses incurred or to be incurred in

30  making surveys of the lands in the district, assessing

31  benefits and damages, and other expenses necessarily incurred,

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

  2  the board collects or receives funds under the remaining

  3  provisions of this chapter. The assessment constitutes a lien

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

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

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

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

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

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

10  a sufficient sum can be obtained by collecting the acreage

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

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

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

14  assessments of the initial acreage assessment levied under the

15  provisions of this section for the repayment thereof. The

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

17  persons performing work or services or furnishing anything of

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

19  expenses necessarily incurred before the receipt of funds

20  arising from assessments or benefits.

21         Section 21.  Section 298.353, Florida Statutes, is

22  created to read:

23         298.353  Unit development; powers of board of

24  supervisors to designate units of district; financing

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

26  district may designate areas of parts of the district as

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

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

29  water control plan or plan amendment as provided in this

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

31  given appropriate numbers or names by the board of supervisors

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

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

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

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

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

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

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

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

  9  carried on and conducted, whenever the board of supervisors

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

11  advisable to implement the district infrastructure and service

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

13  shall, by resolution duly adopted and entered upon its

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

15  and shall proceed through the water control plan adoption or

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

17  location, boundaries, and description of lands within each

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

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

20  the enumeration of or reference in this section to specific

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

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

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

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

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

26  298.301 need be provided only to owners of lands within the

27  affected unit or units and immediately contiguous properties

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

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

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

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

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

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

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

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

  5  or units by proceeding in accordance with the provisions of

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

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

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

  9  obligations that are payable from taxes or assessments for

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

11  of supervisors finds that the infrastructure or service plan

12  for the unit or units is insufficient or inadequate for

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

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

15  this section, by changing the location and description of

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

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

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

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

20  the unit or the district.

21         Section 22.  Section 298.36, Florida Statutes, is

22  amended to read:

23         298.36  Assessing land for reclamation; apportionment

24  of tax; lands belonging to state assessed; drainage tax

25  record.--

26         (1)  After the lists of lands, with the assessed

27  benefits and the decree and judgment of court, have been filed

28  in the office of the clerk of the circuit court as provided in

29  s. 298.34, then the board of supervisors shall, without any

30  unnecessary delay, levy a tax of such portion of said

31  benefits, on all lands in the district to which benefits have

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  1  been assessed, as may be found necessary by the board of

  2  supervisors to pay the costs of the completion of the proposed

  3  works and improvements, as shown in said plan of reclamation

  4  and in carrying out the objects of said district; and, in

  5  addition thereto, 10 percent of said total amount for

  6  emergencies.  The said tax shall be apportioned to, and levied

  7  on, each tract of land in said district in proportion to the

  8  benefits assessed, and not in excess thereof.

  9         (2)  In case bonds are issued, as provided in this

10  chapter, a tax shall be levied in a sum not less than an

11  amount, 90 percent of which shall be equal to the principal of

12  said bonds. The amount of bonds to be issued for paying the

13  cost of the works as set forth in the plan of reclamation

14  shall be ascertained and determined by the board of

15  supervisors; provided, however, that the total amount of all

16  bonds to be issued by the district shall in no case exceed 90

17  percent of the benefits assessed upon the lands of the

18  district.  The amount of the interest (as estimated by said

19  board of supervisors), which will accrue on such bonds, shall

20  be included and added to the said tax, but the interest to

21  accrue on account of the issuing of said bonds shall not be

22  construed as a part of the costs of construction in

23  determining whether or not the expenses and costs of making

24  said improvements are equal to, or in excess of, the benefits

25  assessed.

26         (1)(3)  The benefits, and all lands in said district

27  belonging to the state, shall be assessed to, and the taxes

28  thereon shall be paid by, the state out of funds on hand, or

29  which may hereafter be obtained, derived from the sale of

30  lands belonging to the state.  This provision shall apply to

31  all taxes in any district including maintenance and ad valorem

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  1  taxes, either levied under this or any other law, and to taxes

  2  assessed for preliminary work and expenses, as provided in s.

  3  298.349 298.29, as well as to the taxes provided for in this

  4  section.

  5         (2)(4)  The secretary of the board of supervisors, as

  6  soon as said total tax is levied, shall, at the expense of the

  7  district, prepare a list of all taxes levied, in the form of a

  8  well-bound book, which book shall be endorsed and named

  9  "DRAINAGE TAX RECORD OF .... WATER CONTROL DISTRICT ....

10  COUNTY, FLORIDA," which endorsement shall be printed or

11  written at the top of each page in said book, and shall be

12  signed and certified by the president and secretary of the

13  board of supervisors, attested by the seal of the district,

14  and the same shall thereafter become a permanent record in the

15  office of said secretary.

16         Section 23.  Subsection (1) of section 298.47, Florida

17  Statutes, is amended to read:

18         298.47  Supervisors may issue bonds.--

19         (1)  The board of supervisors may, if in their judgment

20  it seems best, issue bonds not to exceed 90 percent of the

21  total amount of the non-ad valorem assessments taxes,

22  exclusive of the amount for interest, levied under the

23  provisions of s. 298.305 298.36, in denominations of not less

24  than $100, bearing interest from date at rate as provided by

25  general law, payable semiannually, to mature at annual

26  intervals within 30 years, commencing after a period of years

27  not later than 10 years, to be determined by the board of

28  supervisors, both principal and interest payable at some

29  convenient banking house or trust company's office to be named

30  in said bonds, which said bonds shall be signed by the

31  president of the board of supervisors, attested with the seal

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  1  of said district and by the signature of the secretary of the

  2  said board.  Section 12, Art. VII of the State Constitution

  3  shall be complied with as to all such bonds as are within its

  4  purview.  All of said bonds shall be executed and delivered to

  5  the treasurer of said district, who shall sell the same in

  6  such quantities and at such dates as the board of supervisors

  7  may deem necessary to meet the payments for the works and

  8  improvements in the district.  Said treasurer shall, at the

  9  time of the receipt by him or her of said bonds, execute and

10  deliver to the president of the board of said district, a bond

11  with good and sufficient sureties to be approved by the said

12  board of supervisors, conditioned that the treasurer shall

13  account for and pay over, as required by law and as ordered to

14  do by said board of supervisors, any and all money received by

15  him or her on the sale of such bonds, or any of them, and that

16  the treasurer will only sell and deliver such bonds to the

17  purchaser or purchasers thereof, under and according to the

18  terms herein prescribed, and that the treasurer will return,

19  duly canceled, any and all bonds not sold to the board of

20  supervisors when ordered by said board so to do, which said

21  surety bond shall remain in the custody of the said president

22  of said board of supervisors, who shall produce the same for

23  inspection or for use as evidence whenever and wherever

24  legally requested so to do.

25         Section 24.  Section 298.59, Florida Statutes, is

26  amended to read:

27         298.59  Supervisors authorized to obtain consent of

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

29  of any district organized and incorporated under this chapter

30  and the improvement provided thereunder be of such nature as

31  requires the permission or consent of the Government of the

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

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

  3  may obtain the required permission or consent of the

  4  Government of the United States or any proper officer or

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

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

  7  be attached to such permission or consent, including the

  8  giving of any bond or other obligation for the faithful

  9  performance of such conditions.

10         Section 25.  Subsection (6) of section 190.013, Florida

11  Statutes, is amended to read:

12         190.013  Water management and control plan.--In the

13  event that the board assumes the responsibility for providing

14  water management and control for the district as provided in

15  s. 190.012(1)(a) which is to be financed by benefit special

16  assessments, the board shall proceed to adopt water management

17  and control plans, assess for benefits, and apportion and levy

18  special assessments, as follows:

19         (6)  Within 20 days after the final adoption of the

20  plan by the board, the board shall proceed pursuant to s.

21  298.301 ss. 298.30-298.34.

22         Section 26.  Sections 298.07, 298.27, 298.29, 298.30,

23  298.31, 298.32, 298.33, 298.34, 298.35, 298.467, and 298.55,

24  Florida Statutes, are repealed.

25         Section 27.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31

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