House Bill 1087

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







    Florida House of Representatives - 1999                HB 1087

        By Representative Wasserman Schultz






  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for codification of special laws regarding

  4         special districts pursuant to chapter 97-255,

  5         Laws of Florida, relating to Old Plantation

  6         Water Control District, a special tax district

  7         in Broward County; providing legislative

  8         intent, and codifying and reenacting provisions

  9         of chapter 24416, Laws of Florida, 1947,

10         chapter 25710, Laws of Florida, 1949, chapter

11         27425, Laws of Florida, 1951, chapter 28936,

12         Laws of Florida, 1953, chapter 30638, Laws of

13         Florida, 1955, chapter 59-1146, Laws of

14         Florida, and chapter 88-468, Laws of Florida;

15         providing for applicability of chapters 298 and

16         189, Florida Statutes, and other general laws;

17         providing a district charter; providing for

18         repeal of all prior special acts related to Old

19         Plantation Water Control District; providing an

20         effective date.

21

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

23

24         Section 1.  Pursuant to chapter 97-255, Laws of

25  Florida, this act constitutes the codification of all special

26  acts relating to Old Plantation Water Control District. It is

27  the intent of the Legislature in enacting this law to provide

28  a single, comprehensive special act charter for the district

29  including all current legislative authority granted to the

30  district by its several legislative enactments and any

31  additional authority granted by this act.

                                  1

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1         Section 2.  Chapter 24416, Laws of Florida, 1947,

  2  chapter 25710, Laws of Florida, 1949, chapter 27425, Laws of

  3  Florida, 1951, chapter 28936, Laws of Florida, 1953, chapter

  4  30638, Laws of Florida, 1955, chapter 59-1146, Laws of

  5  Florida, and chapter 88-468, Laws of Florida, relating to Old

  6  Plantation Water Control District, are codified, reenacted,

  7  amended, and repealed as herein provided.

  8         Section 3.  Section 2 of chapter 24416, Laws of

  9  Florida, 1947 is amended to read:

10         Section 3.Section 2.  Status and boundaries.--That said

11  Old Plantation Water Control district be and the same is

12  hereby declared to be an independent water control drainage

13  district and a public corporation of the State of Florida

14  under and pursuant to aforesaid chapter 298, Florida Statutes,

15  as it may be amended from time to time 1941, having the

16  following boundaries in Broward County, Florida, to-wit:

17

18         Commence at the N.W. corner of Section 31,

19         Township 49 South, Range 41 East; thence run

20         East along the North line of Sections 31, 32,

21         33 and 34, Township 49 South, Range 41 East, to

22         the N.E. corner of said Section 34; thence

23         South along the East line of said Section 34 to

24         the S.E. corner thereof; thence East along the

25         North line of Section 2, Township 50 South,

26         Range 41 East, to the N.E. corner thereof;

27         thence South along the East line of Sections 2

28         and 11, Township 50 South, Range 41 East, to

29         the S.E. corner of said Section 11; thence East

30         along the North line of Section 14, Township 50

31         South, Range 41 East, a distance of 672.3 feet,

                                  2

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1         more or less, to the N.E. corner of Tier 24, of

  2         said Section 14, as the same is shown on the

  3         map of Newman's Survey recorded in Plat Book 2,

  4         page 26, Public Records of Dade County,

  5         Florida; thence in a Southerly direction along

  6         the Easterly line of Tier 24 of Section 14, as

  7         aforesaid, to a point at right angles to and

  8         130 feet North of the center line of North New

  9         River Canal; thence in a Northwesterly

10         direction parallel to and 130 feet from the

11         center line of North New River Canal, as

12         aforesaid, a distance of 26,605.4 feet, more or

13         less, to the West line of Section 7, Township

14         50 South, Range 41 East, at a point that is 130

15         feet North of the center line of North New

16         River Canal; thence North along the West line

17         of Sections 7 and 6, Township 50 South, Range

18         41 East, and the West line of Section 31,

19         Township 49 South, Range 41 East, to the point

20         or place of beginning, which said boundary line

21         embraces and includes those certain tracts or

22         parcels of lands situate, lying and being in

23         Broward County, Florida, described as follows,

24         to-wit:

25

26         All of Sections 31, 32, 33 and 34, Township 49

27         South, Range 41 East; all of Sections 2, 3, 4,

28         5, 6, 9, 10 and 11 and all that part of

29         Sections 7, 8, 14, 15, 16 and 17, Township 50

30         South, Range 41 East, that lies North of North

31

                                  3

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1         New River Canal, containing 9694 acres, more or

  2         less.

  3

  4         Section 4.  Section 12 of chapter 25710, Laws of

  5  Florida, 1949, is amended to read:

  6         Section 4.Section 12.  Tax exemption.--Any bonds issued

  7  by said district and the interest thereon shall be exempt from

  8  taxation by the State of Florida or any county, municipality,

  9  or political subdivision thereof.

10         Section 5.  Section 1 of chapter 59-1146, Laws of

11  Florida, is amended to read:

12         Section 5.  Unit development.--The board of supervisors

13  shall have the power to establish administrative and financial

14  "units" within the district, as described and governed by s.

15  298.353, Florida Statutes, as it may be amended from time to

16  time. Section 1.  Unit Development; Powers of Supervisors to

17  Designate Units of district and Adopt System of Progressive

18  Drainage by Units; Plans of Reclamation and Financing

19  Assessments, etc., for Each Unit, including the Designation of

20  the Entire district as One Unit. The Board of Supervisors of

21  Old Plantation Water Control district shall have the power and

22  is hereby authorized in its discretion to drain and reclaim or

23  more completely and intensively to drain and reclaim the lands

24  in said district by designated areas or parts of said district

25  to be called "units".  The units into which said district may

26  be so divided shall be given appropriate numbers or names by

27  said Board of Supervisors, so that said units may be readily

28  identified and distinguished.  The Board of Supervisors shall

29  have the power to fix and determine the location, area and

30  boundaries of said lands to be included in each and all such

31  units, the order of development thereof, and the method of

                                  4

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  carrying on the work in each unit.  The unit system of

  2  drainage provided by this section may be conducted and all of

  3  the proceedings by this section and this act authorized in

  4  respect to such unit or units may be carried on and conducted

  5  at the same time as or after the work of draining and

  6  reclaiming of the entire district has been or is being or

  7  shall be instituted or carried on under the provisions of this

  8  act.  If the Board of Supervisors shall determine that it is

  9  advisable to conduct the work of draining and reclaiming the

10  lands in said district by units, as authorized by this Section

11  of this act, said Board shall, by resolution duly adopted and

12  entered upon its minutes, declare its purpose to conduct such

13  work accordingly, and shall at the same time and manner fix

14  the number, location and boundaries of and description of

15  lands within such unit or units and give them appropriate

16  numbers or names.  The entire district may also be designated

17  as a unit for the proper allocation of such part of the plan

18  of reclamation and drainage as benefits the entire district.

19  As soon as practicable after the adoption and recording of

20  such resolution said Board of Supervisors shall publish notice

21  once a week for two consecutive weeks in a newspaper published

22  in Broward County, Florida, briefly describing the units into

23  which said district has been divided and the lands embraced in

24  each unit, giving the name, number or other designation of

25  such units, requiring all owners of lands in said district to

26  show cause in writing before said Board of Supervisors at a

27  time and place to be stated in such notice why such division

28  of said district into such units should not be approved, and

29  said system of development by units should not be adopted and

30  given effect by said Board, and why the proceedings and powers

31  authorized by this Section of this act should not be had,

                                  5

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  taken and exercised.  At the time and place stated in said

  2  notice, said Board of Supervisors shall hear all objections or

  3  causes of objection all of which shall be in writing of any

  4  landowner in said district to the matters mentioned and

  5  referred to in such notice, and if no objections are made, or

  6  if said objections, if made, shall be overruled by said Board

  7  then said Board shall enter in its minutes its findings and an

  8  order confirming said resolutions, and may thereafter proceed

  9  with the development, drainage and reclamation of said

10  district by units pursuant to such resolution and to the

11  provisions of this act.  The Board of Supervisors may, as a

12  result of any objections or of matters brought forth at the

13  hearing, modify or amend such resolution in whole or in part,

14  confirm said resolution after overruling all objections, or

15  reject said resolution, and if confirmed or modified or

16  amended, may proceed thereafter in accordance with said

17  resolution as confirmed, modified or amended.  The sustaining

18  of such objections and the rescinding of such resolutions

19  shall not exhaust the power of said Board under this Section;

20  but, at any time not less than one year after the date of the

21  hearing upon any such resolution, the Board of Supervisors may

22  adopt other resolutions under this Section and thereupon

23  proceed on due notice in like manner as above.  If said Board

24  of Supervisors shall overrule or refuse to sustain any such

25  objections in whole or in part made by any landowner in the

26  district, or if any such landowner shall deem himself

27  aggrieved by any action of the Board of Supervisors in respect

28  to any objection so filed, such landowner may, within twenty

29  20 days after the ruling of said Board, invoke the

30  jurisdiction of a court having jurisdiction over the merits of

31  his claim.  When said resolutions creating said unit system

                                  6

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  shall be confirmed by the Board of Supervisors or by a court

  2  of competent jurisdiction, if such proposed action shall be

  3  challenged by a landowner by the judicial proceedings

  4  hereinabove authorized, said Board of Supervisors may adopt a

  5  plan or plans of reclamation for and in respect to any or all

  6  such units, and to have the benefits and damages resulting

  7  therefrom assessed and apportioned by Commissioners appointed

  8  by the Circuit Court, and the report of the said Commissioners

  9  considered and confirmed, all in like manner as is provided by

10  law in regard to plans of reclamation for and assessments for

11  benefits and damages of the entire district. With respect to

12  the plan of reclamation, notices, appointment of Commissioners

13  to assess benefits and damages, report of Commissioners and

14  notice and confirmation thereof, the levy of assessments and

15  taxes, including maintenance taxes, and the issuance of bonds

16  and all other proceedings as to each and all of such units,

17  said Board shall follow and comply with the same procedure as

18  is provided by law with respect to the entire district; and

19  said Board of Supervisors shall have the same powers in

20  respect to each and all of such units as is vested in them

21  with respect to the entire district.  All the provisions of

22  this act shall apply to the drainage, reclamation and

23  improvement of each, any and all of such units, and the

24  enumeration of or reference to specific powers or duties of

25  the Supervisors or any other officers or other matters in this

26  act as hereinabove set forth, shall not limit or restrict the

27  application of any and all of the proceedings and powers

28  herein to the drainage and reclamation of such units as fully

29  and completely as f such unit or units were specifically and

30  expressly named in every section and clause of this act where

31  the entire district is mentioned or referred to.  All

                                  7

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  assessments, levies, taxes, bonds and other obligations made,

  2  levied, assessed or issued for or in respect to any such unit

  3  or units shall be a lien and charge solely and only upon the

  4  lands in such unit or units, respectively, for the benefit of

  5  which the same shall be levied, made or issued, and not upon

  6  the remaining units or lands in said district.  The board of

  7  Supervisors may at any time amend its said resolutions by

  8  changing the location and description of lands in any such

  9  unit or units; and provided, further, that if the location of

10  or description of lands located in any such unit or units is

11  so changed, notice of such change shall be published as

12  hereinabove required in this section for notice of the

13  formation or organization of such unit or units, and all

14  proceedings shall be had and done in that regard as are

15  provided in this section for the original creation of such

16  unit or units;provided, however, that no lands against which

17  benefits shall have been assessed may be detached from any

18  such unit after the confirmation of the Commissioners' report

19  of benefits in such unit or units or the issuance of bonds or

20  other obligations which are payable from taxes or assessments

21  for benefits levied upon the lands within such unit or units.

22         Provided, however, that if, after the confirmation of

23  the Commissioners' report of benefits in such unit or units,

24  or the issuance of bonds or other obligations which are

25  payable from taxes or assessments for benefits levied upon

26  land within such unit or units, the Board of Supervisors finds

27  the plan of reclamation for any such unit or units

28  insufficient or inadequate for efficient development, the plan

29  of reclamation may be amended or changed as provided in

30  chapter 298, Florida Statutes, and the unit or units may be

31  amended or changed as provided in this section, by changing

                                  8

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  the location and description of lands in any such unit or

  2  units, by detaching lands therefrom or by adding land thereto,

  3  upon the approval of 51% of the landowners, according to

  4  acreage, in any such unit, either evidenced in writing or

  5  voting at a meeting of the landowners duly called pursuant to

  6  notice required under chapter 298.11 and 298.12, Florida

  7  Statutes for the election of Supervisors, at which 51% of the

  8  landowners shall vote in favor thereof, and of all the holders

  9  of bonds issued in respect to any such unit, and provided that

10  in such event all assessments, levies, taxes, bonds and other

11  obligations made, levied, assessed, incurred or issued for or

12  in respect to any such unit or units may be allocated and

13  apportioned to the amended unit or units in proportion to the

14  benefits assessed by the Commissioners' report for the amended

15  plan of reclamation and said report shall specifically provide

16  for such allocation and apportionment.  The landowners and all

17  of the bondholders shall file their approval of or objections

18  to such amended plan of reclamation within the time provided

19  in Section 298.27, Florida Statutes, and shall file their

20  approval of or objections to the amendment of such unit as

21  provided in this section.

22         No lands shall be detached from any unit after the

23  issuance of bonds or other obligations for such unit except

24  upon the consent of all the holders of such bonds or other

25  obligations.  In the event of the change of the boundaries of

26  any unit as provided herein and the allocation and

27  apportionment to the amended unit or units of assessments,

28  levies, taxes, bonds and other obligations in proportion to

29  the benefits assessed by the Commissioners' report for the

30  amended plan of reclamation, the holder of bonds or other

31  obligations heretofore issued for the original unit who

                                  9

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  consent to such allocations and apportionment shall be

  2  entitled to all rights and remedies against any lands added to

  3  the amended unit or units as fully and to the same extent as

  4  if such added lands had formed and constituted a part of the

  5  original unit or units at the time of the original issuance of

  6  such bonds or other obligations, and regardless of whether the

  7  holders of such bonds or other obligations are the original

  8  holders thereof or the holders from time to time hereafter,

  9  and the rights and remedies of such holders against the lands

10  in the amended unit or units, including any lands added

11  thereto, under such allocation and apportionment, shall

12  constitute vested and irrevocable rights and remedies to the

13  holders from time to time of such bonds or other obligations

14  as fully and to the same extent as if such bonds or other

15  obligations had been originally issued to finance the

16  improvements in such amended unit or units under such amended

17  plan of reclamation.  Conversely, in the event of the change

18  of the boundaries of any unit wherein lands are detached

19  therefrom with the consent of all of the holders of such bonds

20  or other obligations, then and in that event said lands so

21  detached shall be relieved and released from any further

22  liability for the assessment, levy or payment of any taxes for

23  the purpose of paying the principal or interest on any bonds

24  originally issued for the original unit from which said lands

25  were detached.

26         Section 6.  Section 6 is created to read:

27         Section 6.  Minimum charter requirements.--In

28  accordance with s. 189.404(3), Florida Statutes, the following

29  subsections shall constitute the charter of the Old Plantation

30  Water Control district:

31

                                  10

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1         (1)  The district is organized and exists for all

  2  purposes set forth in this act and chapter 298, Florida

  3  Statutes, as they may be amended from time to time.

  4         (2)  The powers, functions, and duties of the district

  5  regarding ad valorem taxation, bond issuance, other

  6  revenue-raising capabilities, budget preparation and approval,

  7  liens and foreclosure of liens, use of tax deeds and tax

  8  certificates as appropriate for non-ad valorem assessments,

  9  and contractual agreements shall be as set forth in chapters

10  170, 189, 197, and 298, Florida Statutes, or any other

11  applicable general or special law, as they may be amended from

12  time to time.

13         (3)  The district was created by judicial decree on

14  November 19, 1946, and confirmed by special act of the

15  Legislature by chapter 24416, Laws of Florida, 1947, in

16  accordance with chapter 298, Florida Statutes.

17         (4)  The district's charter may be amended only by

18  special act of the Legislature.

19         (5)  In accordance with chapter 189, Florida Statutes,

20  this act, and s. 298.11, Florida Statutes, the district is

21  governed by a three-member board, elected on a 1-acre,

22  one-vote basis by the landowners in the district. However,

23  landowners owning less than 1 acre shall be entitled to one

24  vote.  Landowners with more than 1 acre shall be entitled to 1

25  additional acre for any fraction of an acre owned when all

26  acreage has been aggregated for purposes of voting.  The

27  membership and organization of the board shall be as set forth

28  in this act and chapter 298, Florida Statutes, as they may be

29  amended from time to time.

30

31

                                  11

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1         (6)  The compensation of board members shall be

  2  governed by this act and chapter 298, Florida Statutes, as

  3  they may be amended from time to time.

  4         (7)  The administrative duties of the board of

  5  supervisors shall be as set forth in this act and chapter 298,

  6  Florida Statutes, as they may be amended from time to time.

  7         (8)  Requirements for financial disclosure, meeting

  8  notices, reporting, public records maintenance, and per diem

  9  expenses for officers and employees shall be as set forth in

10  chapters 112, 189, 286, and 298, Florida Statutes, as they may

11  be amended from time to time.

12         (9)  The procedures and requirements governing the

13  issuance of bonds, notes, and other evidence of indebtedness

14  by the district shall be as set forth in chapter 298, Florida

15  Statutes, and applicable general laws, as they may be amended

16  from time to time.

17         (10)  The procedures for conducting district elections

18  and for qualification of electors shall be pursuant to

19  chapters 189 and 298, Florida Statutes, as they may be amended

20  from time to time. However, a quorum for purposes of holding

21  the annual meeting or any special meeting shall consist of

22  those landowners present in person or represented by proxy at

23  said meeting.

24         (11)  The district may be financed by any method

25  established in this act, chapter 298, Florida Statutes, and

26  applicable general laws, as they may be amended from time to

27  time.

28         (12)  The methods for collecting non-ad valorem

29  assessments, fees, or service charges shall be as set forth in

30  chapters 170, 197, and 298, Florida Statutes, and other

31

                                  12

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  applicable general laws, as they may be amended from time to

  2  time.

  3         (13)  The district's planning requirements shall be as

  4  set forth in chapters 189 and 298, Florida Statutes, as they

  5  may be amended from time to time.

  6         (14)  The district's geographic boundary limitations

  7  shall be as set forth in section 3.

  8         Section 7.  Section 3 of chapter 88-468, Laws of

  9  Florida, is amended to read:

10         Section 7.Section 3.  Compensation of board

11  members.--Each supervisor shall be entitled to receive for his

12  services an amount not to exceed $300 per month. The exact

13  amount of said compensation shall be set by the board of

14  supervisors.

15         Section 8.  Section 5 of chapter 88-468, Laws of

16  Florida, is amended to read:

17         Section 8.Section 5.  Conflict.--In the event of a

18  conflict of the provisions of this act with the provisions of

19  any other act, the provisions of this act shall control to the

20  extent of such conflict.

21         Section 9.  Section 6 of chapter 88-468, Laws of

22  Florida, is amended to read:

23         Section 9.Section 6.  Invalidity.--In the event any

24  section or provision of this act is determined to be invalid

25  or unenforceable, such determination shall not affect the

26  validity and enforceability of each other section and

27  provision of this act.

28         Section 10.  Section 10 is created to read:

29         Section 10.  Sections 1, 3, 4, 5, 6, 7, 8, and 9 of

30  chapter 24416, Laws of Florida, 1947; sections 1 through 11,

31  and 13 through 24 of chapter 25710, Laws of Florida, 1949;

                                  13

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






    Florida House of Representatives - 1999                HB 1087

    524-155-99






  1  chapter 27425, Laws of Florida, 1951; chapter 28936, Laws of

  2  Florida, 1953; chapter 30638, Laws of Florida, 1955; sections

  3  2, 3, 4, 5, 6, and 7 of chapter 59-1146, Laws of Florida; and

  4  sections 1, 2, 4, and 7 of chapter 88-468, Laws of Florida,

  5  shall be repealed 10 days after the effective date of this

  6  act.

  7         Section 11.  This act shall take effect upon becoming a

  8  law.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  14