House Bill 1583

    Florida House of Representatives - 1999                HB 1583

        By Representative Frankel






  1                      A bill to be entitled

  2         An act relating to Indian Trail Improvement

  3         District, Palm Beach County; amending chapter

  4         57-646, Laws of Florida, as amended; providing

  5         for alternate methods of amending water control

  6         plans in addition to the provisions of chapter

  7         298, Florida Statutes; providing an effective

  8         date.

  9

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

11

12         Section 1.  Notwithstanding any other provisions of

13  chapter 298, Florida Statutes, or chapter 57-646, Laws of

14  Florida, 1957, as amended, the following provisions, to the

15  extent of any conflict, shall control Indian Trail Improvement

16  District with respect to amending its water control plans:

17         AMENDING WATER MANAGEMENT PLANS.--In addition and as an

18  alternative to the provisions of chapter 298, Florida

19  Statutes, the water control plans may be amended, modified,

20  and changed from time to time in the following manner:

21         (a)  The intent of this section is to give the board of

22  supervisors power with latitude to make additional and other

23  improvements to the water control plan which the board of

24  supervisors considers appropriate to implement the purpose and

25  intent of the water control plan and which, in the opinion of

26  the board, results in a benefit to the land and will not

27  increase the cost in excess of the total benefits previously

28  assessed as provided herein. The district may accept for

29  maintenance additional facilities which are within its

30  boundaries and supplement a water control plan which are

31  donated to the district at no cost. All existing water control

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






    Florida House of Representatives - 1999                HB 1583

    115-191-99






  1  plans as of the effective date of this act are hereby ratified

  2  as amended and constructed.

  3         (b)  Where the circuit court has retained jurisdiction

  4  for the purpose of considering any changes, modifications, or

  5  amendments to a water control plan required by any other

  6  local, state, or federal governmental agency or proposed by

  7  the board of supervisors, and provided that the district

  8  engineer has certified that all the lands effected receive the

  9  same or greater benefits as determined by the commissioners

10  and that the estimated costs, including the changes or

11  amendments, do not exceed the benefits assessed and that any

12  existing bonds outstanding to not exceed 90 percent of the

13  total benefits assessed, said court shall approve said

14  amendments or changes. Only those parties appearing or

15  answering the original proceedings for approval of the

16  commissioners' report shall be entitled to receive notice of

17  these supplemental proceedings.

18         (c)  As an alternate procedure, the board of

19  supervisors shall have the power to change, alter, or amend a

20  previously approved water control plan by resolution; provided

21  the district engineer certifies that all land subject to the

22  original plan receives the same or greater benefits as

23  previously assessed and that the estimated cost, including the

24  changes or amendments, does not exceed the total benefits

25  assessed. Said resolution shall be filed in the proceedings

26  assessing benefits and shall be binding upon the owners of

27  lands within the water control plan, their successors, and

28  assigns.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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