House Bill 1591

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    Florida House of Representatives - 1999                HB 1591

        By Representative Frankel






  1                      A bill to be entitled

  2         An act relating to Loxahatchee Groves Water

  3         Control District, Palm Beach County; codifying

  4         the district's charter, reenacting chapter

  5         76-455, Laws of Florida, as amended; providing

  6         for date of annual landowner's meeting and

  7         election of supervisors; providing that no

  8         person may be elected as a supervisor unless

  9         timely notice has been given of his or her

10         intent to be elected as a supervisor; providing

11         landowners with more than 1 acre are entitled

12         to one additional vote for any fraction of an

13         acre greater than one-half acre when all of

14         said landowner's acreage has been aggregated

15         for purposes of voting; providing for who may

16         be a hauling permit applicant; providing a

17         mechanism to enforce existing provisions for

18         fines for violation of hauling permit law

19         violations; allowing citations for such

20         violations to be issued by traffic enforcement

21         agencies and treating such citations in the

22         same manner as a noncriminal traffic

23         infraction; providing that no land within the

24         boundaries of the district, with the exception

25         of one identified parcel, may be annexed by any

26         municipality unless the municipality proposing

27         to annex said land agrees to annex all of the

28         real property comprising the district and such

29         annexation is subject to the provisions set

30         forth in s. 171.0413, F.S.; providing borrowing

31         authority to deal with declared disasters;

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  1         repealing all prior special acts of the

  2         Legislature relating to the Loxahatchee Groves

  3         Water Control District; providing that this act

  4         shall take precedence over any conflicting law

  5         to the extent of such conflict; providing

  6         severability; providing an effective date.

  7

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

  9

10         Section 1.  Chapter 76-455, Laws of Florida, as

11  amended, is codified, reenacted, amended and repealed as

12  herein provided.

13         Section 2.  The Loxahatchee Groves Water Control

14  District is re-created and reenacted to read:

15         Section 1.  Name and duration of district.--The name of

16  Loxahatchee Sub-Drainage District, created by chapter 298,

17  Florida Statutes, is changed to Loxahatchee Groves Water

18  Control District, hereinafter known as the Loxahatchee Groves

19  Water Control District. The corporate life of the Loxahatchee

20  Groves Water Control District is extended perpetually.

21         Section 2.  Landowner's meeting and election of

22  supervisors.--

23         a.  Election of supervisors.--Every year in the same

24  month that a supervisor's term expires as provided in ss.

25  298.11 and 298.12, Florida Statutes, the district shall call a

26  meeting of the landowners in the district for the purpose of

27  electing a supervisor for such vacancy or existing vacancies.

28  There shall be one ballot for each vacancy. To be elected, a

29  candidate must have a majority of the votes on that ballot. In

30  the event no candidate receives a majority of votes on the

31  first ballot, a run-off ballot shall be held between the two

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  1  candidates receiving the highest number of votes on the first

  2  ballot.

  3         b.  Number of votes; voting.--At such election, each

  4  and every owner of land in the district shall be entitled to

  5  vote, in person or by proxy in writing duly signed. Each

  6  landowner shall be entitled to one vote for every acre of land

  7  owned by him or her within the district. Landowners owning

  8  less than 1 acre shall be entitled to one vote. Where land is

  9  held in any form of joint ownership; votes may be cast by one

10  owner only. Landowners with more than 1 acre are entitled to

11  one additional vote for any fraction of an acre greater than

12  1/2 acre, when all of the landowners' acreage has been

13  aggregated for purposes of voting.

14         c.  Quorum for landowners' meetings.--At any

15  landowners' meetings those owners of lands in the district

16  present in person or voting by proxy shall constitute a

17  quorum.

18         d.  Membership of the board of supervisors.--The board

19  of supervisors of the district shall be increased from three

20  members to five members.

21         e.  Date of landowner's meeting; notice of intent to be

22  elected.--Notwithstanding any provision of s. 298.12, Florida

23  Statutes, to the contrary, in order for a person to be elected

24  as a supervisor of the district, that person must notify the

25  Supervisor of the Board of Elections of Palm Beach County of

26  his or her intent to be elected as a supervisor at least 90

27  days prior to the annual landowner's meeting, which shall take

28  place on the 4th Monday of June each year. The date of annual

29  landowner's meeting may be changed by majority of the board of

30  supervisors of the district provided that such change occurs

31  at least 150 days prior to the newly selected date of the

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  1  landowner's meeting and further provided that notice of such

  2  change of the date of the landowner's meeting shall be

  3  published once a week for 2 consecutive weeks in a newspaper

  4  of general circulation in the county in which the lands of the

  5  district are located, with the first such publication to be

  6  not less than 10 nor more than 15 days after the vote of the

  7  board of supervisors to change the date of the annual

  8  landowner's meeting. No person who has not timely provided

  9  notice to the supervisor of elections of his or her

10  willingness to be elected, as set forth above in this section,

11  may be elected as a supervisor of the district, unless no

12  individuals have timely provided notice to the supervisor of

13  elections, in which event the provisions of s. 298.12(1),

14  Florida Statutes, shall control. If the number of persons

15  timely providing notice to the supervisor of elections does

16  not exceed the number of seats for which supervisors are to be

17  elected in that year, then those individuals providing timely

18  notice shall be deemed elected as supervisors as of the date

19  of the annual landowner's meeting and no election, or notice

20  of such election, shall be held. If the number of persons

21  providing timely notice to the supervisor of elections exceeds

22  the number of seats for which supervisors are to be elected

23  that year, then elections shall proceed forward at the annual

24  landowner's meeting in accordance with the provisions of s.

25  298.12(1), Florida Statutes, as may be modified by this act.

26         Section 3.  Levy of assessments.--Levy of assessments

27  of land less than 1 acre. In the levying and assessing of all

28  assessments by the Loxahatchee Groves Water Control District,

29  Palm Beach County, created under chapter 298, Florida

30  Statutes, each tract or parcel of land less than 1 acre in

31  area shall be assessed as a full acre.

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  1         Section 4.  Powers of the district.--

  2         a.  In addition to the powers provided for in chapter

  3  298, Florida Statutes, the Loxahatchee Groves Water Control

  4  District shall have the power to maintain roadways and roads

  5  necessary and convenient for the exercise of the powers or

  6  duties or any of the powers or duties of the district or the

  7  supervisors thereof; and in furtherance of the purpose and

  8  intent of this act and chapter 298, Florida Statutes, to

  9  maintain roadways and roads necessary and convenient to

10  provide access to and efficient development of areas made

11  suitable and available for cultivation, settlement, and other

12  beneficial use and development as a result of the reclamation

13  operations of the district, including all the roads shown on

14  the replat of Loxahatchee Groves, as recorded in Plat Book 12,

15  Page 29, Palm Beach County Public Records; and to provide

16  funds for this purpose in its annual levy of district

17  assessments.

18         b.  The Board of Supervisors of the Loxahatchee Groves

19  Water Control District in Palm Beach County, is hereby

20  authorized, empowered, and permitted to expend funds of the

21  district to pay for engineering studies and plans for the

22  purpose of developing a road improvement program for the

23  construction, maintenance, improvement, and repair of

24  dedicated roads and road rights-of-way, including the swales

25  thereof, within the district.

26         c.  In addition to the powers of Loxahatchee Groves

27  Water Control District, hereinafter referred to as the

28  "district," elsewhere provided by general or special law, the

29  district shall have the power to construct, maintain, improve,

30  and repair roadways and roads necessary and convenient for the

31  exercise of any of the powers or duties of the district or the

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  1  board of supervisors thereof, including all the roads shown on

  2  the replat of Loxahatchee Groves, as recorded in Plat Book 12,

  3  Page 29, Palm Beach County Public Records, or to provide

  4  access to and development of areas within the district, or

  5  both; to provide funds for such construction, maintenance,

  6  improvement, or repair through the levying of assessments

  7  pursuant to chapter 298, Florida Statutes, hereinafter

  8  referred to as "drainage assessments," or special assessments,

  9  or both; and to acquire land, including any interest therein,

10  by purchase, gift, exchange, or eminent domain, for such

11  construction, maintenance, improvement, or repair.

12         d.  The powers granted in this section may be exercised

13  without the necessity of modifying or amending the water

14  control plan for the district.

15         e.  The powers set forth in this section shall be

16  exercised by resolution adopted by a majority of the

17  membership of the board of supervisors, but the board of

18  supervisors shall not authorize the construction of any new

19  road or roadway or the improvement, other than routine

20  maintenance, of any existing roadway within the district,

21  except pursuant to a vote in favor of such construction or

22  improvement by a majority of the votes cast at a meeting of

23  the owners of lands within the district to be affected by such

24  construction or improvement. The board of supervisors shall,

25  prior to authorizing any such construction or improvement,

26  determine what lands within the district would be affected by

27  such construction or improvement, provided that any lands upon

28  which drainage assessments or special assessments would be

29  levied to finance such construction or improvement shall be

30  deemed to be affected and shall thereafter cause notice to be

31  given to all such landowners of a meeting of landowners to be

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  1  held for the purpose of voting upon such construction or

  2  improvement; at such meeting, each owner of land to be

  3  affected by such construction or improvement, present in

  4  person or by proxy, shall be entitled to one vote for each

  5  acre of such land or fraction thereof within the district

  6  owned by such owner. Notice of a meeting of landowners

  7  hereunder shall be given in the same manner as provided by law

  8  for the giving of notice of the annual meeting for the

  9  election of supervisors.

10         f.  The board of supervisors, in the exercise of powers

11  pursuant to this act, may establish different special

12  assessment areas within the district according to the benefits

13  received, and may revise such areas according to the benefits

14  received from time to time, so as to most equitably provide

15  for the levying of special assessments according to benefits

16  as are deemed desirable by the board of supervisors.

17         g.  The district shall have the power to adopt, by

18  resolution, a uniform standard for culvert crossings, bridges,

19  culverts, or other drainage systems that connect with or cross

20  over any of the works of, or lie within the rights-of-way of,

21  the district. If the district so establishes a uniform

22  standard, the district shall by resolution adopt procedures:

23         (1)  Which shall require notice of such uniform

24  standards to be given to persons owning lands upon which any

25  culvert crossings, bridges, culverts, or other drainage

26  systems that connect with or cross over any of the works of,

27  or lie within the rights-of-way of, the district and to such

28  other persons as the board of supervisors shall deem to be

29  necessary or desirable, or both.

30         (2)  Which shall, except as hereinafter provided,

31  require not less than 60-days' written notice to be given to

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  1  persons owning lands upon which any culvert crossings,

  2  bridges, culverts, or other drainage systems exist in

  3  violation of any such uniform standards prior to the taking of

  4  any enforcement action by the district.

  5         (3)  Which may provide for less than 30-days' notice,

  6  in writing or otherwise, of violations of the uniform

  7  standards in emergency situations.

  8         (4)  Which may provide that if, after notice pursuant

  9  to paragraph (2) or paragraph (3), any landowner shall fail to

10  conform to such uniform standards, the district may enter upon

11  such lands and take such action as necessary to cause such

12  violation to be corrected and may assess the owner of such

13  land for the district's costs in connection therewith.

14         (5)  Upon the failure of any property owner to pay any

15  assessment levied by the board of supervisors pursuant to

16  paragraph (4) within 30 days of receipt by such owner of

17  notice of said assessment, the district shall have a lien on

18  all lands and premises affected thereby. Such lien shall be

19  superior and paramount to the interest in such land and

20  premises of any owner, lessee, tenant, mortgagee, or other

21  person except the lien of state, county, or district taxes and

22  shall be on a parity with the lien of any such state, county,

23  or district taxes. Such lien shall bear interest at an annual

24  rate equal to the interest rate due on judgments, pursuant to

25  s. 55.03, Florida Statutes, per year and shall, until paid,

26  remain in effect in perpetuity.

27         h.  The district shall have the power to require

28  maintenance of any swale, drainage ditch, culvert, or canal

29  connecting to any of the works of the district where lack of

30  such maintenance adversely impacts the district, its

31  operations, or any of its works. The board of supervisors

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  1  shall cause notice to be given to any person owning land on

  2  which such a swale, drainage ditch, culvert, or canal is

  3  located in the event such maintenance is required and, if the

  4  requested maintenance is not performed within 30 days of said

  5  notice, unless extended by the board of supervisors, the

  6  district may go upon such property and perform said

  7  maintenance and assess the owner of the property for the

  8  district's cost thereof. Upon the failure of any property

  9  owner to pay any such assessment within 30 days of receipt by

10  such owner of notice of the assessment, the district shall

11  have a lien on all lands and premises affected thereby. Such

12  lien shall be superior and paramount to the interest in such

13  land and premises of any owner, lessee, tenant, mortgagee, or

14  other person except the lien of state, county, or district

15  taxes and shall be on a parity with the lien of any such

16  state, county, or district taxes. Such lien shall bear

17  interest at an annual rate equal to the interest rate due on

18  judgments, pursuant to s. 55.03, Florida Statutes, per year

19  and shall, until paid, remain in effect in perpetuity.

20         i.  The board of supervisors of the district, in order

21  to carry out any of the powers set forth in subsections c.-g.

22  may levy and impose special assessments against any or all of

23  the real property within the district upon a determination

24  that the construction, maintenance, improvement, repair, or

25  operation of the roads or roadways provide a benefit to such

26  real property. The assessments shall be imposed upon the

27  property specially benefited by such construction,

28  maintenance, improvement, repair, or operation in proportion

29  to the benefits to be derived therefrom, and the special

30  benefits shall be determined and prorated by a method

31  prescribed by the board of supervisors.

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  1         (1)  The board of supervisors, if it elects to assess a

  2  special benefit, shall declare by a resolution the nature of

  3  the proposed improvement or the services provided to existing

  4  improvements, shall designate the location of the improvement

  5  or the service provided to existing improvements, and shall

  6  state the part or portion of the expense thereof to be paid by

  7  special assessments, the manner in which said assessments

  8  shall be made, when said assessments are to be paid, and what

  9  part, if any, shall be apportioned to and paid from the funds

10  of the district. The resolution shall also identify the lands

11  upon which the special assessments shall be levied. The

12  resolution shall state the total estimated cost of the

13  improvement or service to be provided to existing

14  improvements.

15         (2)  Within 30 days after the adoption of the

16  resolution, the board of supervisors shall cause said

17  resolution to be published one time in a newspaper of general

18  circulation in Palm Beach County.

19         (3)  Upon the adoption of the resolution, the board of

20  supervisors shall cause to be made an assessment roll in

21  accordance with the method of assessment provided for in said

22  resolution, which assessment roll shall be promptly completed

23  and filed with the records of the board of supervisors. The

24  lands assessed, the amount of the assessment against such

25  lands, and, if said assessment is to be paid in installments,

26  the number of annual installments in which the assessment is

27  divided shall be entered and shown on said assessment roll.

28         (4)  On the completion of said assessment roll, the

29  board of supervisors shall by resolution fix a time and place

30  at which the owners of the property to be assessed, or any

31  other persons interested therein, may appear before said board

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  1  of supervisors and be heard as to the propriety and

  2  advisability of making such improvements or providing said

  3  services, as to the cost thereof, and as to the amount thereof

  4  to be assessed against each property so improved. Notice in

  5  writing of such time and place shall be given to the property

  6  owners.

  7         (5)  At a time and place named in the notice provided

  8  for in paragraph (4), the board of supervisors of the district

  9  shall meet as an adjustment board to hear and consider any and

10  all complaints as to the special assessments and shall adjust

11  the assessments on an equitable basis. After the special

12  assessments are so adjusted and approved by resolution, such

13  assessments shall stand confirmed and, until paid, shall

14  remain legal, valid, and binding liens upon the property

15  against which such assessments are made of equal dignity with

16  the lien for county taxes. However, upon completion of the

17  improvement, or provision of service to existing improvements,

18  the board of supervisors shall credit to each of the

19  assessments the difference in the assessment as originally

20  made, approved, and confirmed and the proportionate part of

21  the actual cost of the improvement or service to be paid by

22  special assessments as finally determined on the completion of

23  the improvement or service, but in no event shall the final

24  assessments exceed the amount of benefits originally assessed.

25  Promptly after confirmation, the assessments shall be recorded

26  in the public records of Palm Beach County and the record of

27  the lien shall constitute prima facie evidence of its

28  validity.

29         (6)  The special assessments shall be payable at the

30  time and in the manner stipulated in the resolution

31  authorizing the improvement or service. Such assessments shall

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  1  remain liens, coequal in priority with the lien of county

  2  taxes, until paid. Assessments not paid when due shall bear

  3  interest at such rate or rates, not in excess of the maximum

  4  legal rate, prescribed by the board of supervisors in the

  5  resolution.

  6         (7)  Each annual installment of special assessments

  7  provided for shall be paid upon the date specified in said

  8  resolution, until the entire amount of said assessment has

  9  been paid, and, on the failure of any property owner to pay

10  any annual installment due or any part thereof, or any

11  interest on any delinquent payment, the district shall have a

12  lien on all lands and premises affected thereby. Such lien

13  shall be superior and paramount to the interest in such land

14  and premises of any owner, lessee, tenant, mortgagee, or other

15  person except the lien of state, county, or district taxes and

16  shall be on a parity with the lien of any state, county, or

17  district taxes. Such lien shall, until paid, remain in effect

18  in perpetuity.

19         (8)  If any special assessment made under the

20  provisions of this section to defray the whole or any part of

21  the expense of any improvement or provision of any service is

22  either in whole or in part annulled, vacated, or set aside by

23  the judgment of any court, or if the board of supervisors of

24  the district is satisfied that any assessment is so irregular

25  or defective that the same cannot be enforced or collected, or

26  if the board of supervisors omitted to make such assessment

27  when it might have done so, the board shall take all necessary

28  steps to cause a new assessment to be made for the whole or

29  any part of any improvement or service provided or against any

30  property benefited by any improvement or service provided,

31  following as nearly as possible the provisions of this act,

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  1  and, in case such second assessment shall be annulled, the

  2  board of supervisors may obtain and make other assessments

  3  until a valid assessment is made.

  4         (9)  An informality or any irregularity in the

  5  proceedings in connection with the levy of any special

  6  assessment under this act shall not affect the validity of the

  7  same where the assessment roll has been confirmed by the board

  8  of supervisors, and the assessment roll as finally approved

  9  and confirmed shall be competent and sufficient evidence that

10  the assessment was duly levied, the assessment was duly made

11  and adopted, and that all other proceedings adequate to the

12  adoption of the assessment roll were duly had, taken, and

13  performed as required by this act; no variance from the

14  directions hereunder shall be held material unless it is

15  clearly shown that the party objecting was materially injured

16  thereby.

17         j.  The district is authorized to provide from time to

18  time for the issuance of special assessment bonds of the

19  district to pay all or any part of the cost of a system of

20  roads and roadways and any improvements thereto. The principal

21  of and interest on any bonds shall be payable from special

22  assessments sufficient to pay the bonds in the manner provided

23  in the bonds, in this act, and the resolution authorizing such

24  bonds. The bonds shall be authorized by resolution or

25  resolutions of the board of supervisors of the district,

26  adopted by a majority of the supervisors present and voting at

27  a meeting of the supervisors. The bonds shall bear interest at

28  a rate or rates not in excess of the maximum rates permitted

29  by general law, may be in one or more series, may bear such

30  date or dates, and may mature at any time or times not

31  exceeding 40 years from their respective dates, may be payable

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  1  in such medium of payment, at such place or places within or

  2  without the State of Florida, may carry such registration

  3  privileges, may be subject to redemption prior to maturity,

  4  with or without premium, may be executed in such manner, may

  5  contain such terms, covenants, and conditions, and may be in

  6  such form otherwise as such resolution or subsequent

  7  resolutions shall provide. The bonds may be sold or exchanged

  8  for refunding bonds, or delivered to contractors in payment

  9  for any part of the work or improvements financed by such

10  bonds, or delivered in exchange for any properties, either

11  real, personal, or both, to be acquired for such works or

12  improvements, in such manner as the district in its discretion

13  shall determine. Pending the preparation of the definitive

14  bonds, interim certificates or receipts or temporary bonds in

15  such form and with such provisions as the district may

16  determine may be issued to the purchaser or purchasers of the

17  bonds issued hereunder. The bonds and such interim

18  certificates or receipts or temporary bonds shall be fully

19  negotiable and shall be and constitute negotiable instruments

20  within the meaning of and for all purposes of the law merchant

21  and the Uniform Commercial Code of the State of Florida. The

22  proceeds of the sale of any such bonds shall be used solely

23  for the payment of the costs of the district incurred or to be

24  incurred in carrying out the powers set forth in subsection

25  c., subsection d., subsection e., or subsection f., and shall

26  be disbursed in such manner and under such restrictions as the

27  district may provide in the authorizing resolution. The

28  district may also provide for the replacement of any bonds

29  which become mutilated or are stolen, destroyed, or lost, upon

30  proper indemnification. A resolution providing for the

31  issuance of special assessment bonds may also contain such

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  1  limitations upon the issuance of additional bonds secured on a

  2  parity with the bonds theretofore issued as the district may

  3  deem proper.

  4         k.  All special assessments levied pursuant to this act

  5  may, in the discretion of the board, be collected by the tax

  6  collector of Palm Beach County at the same time as the general

  7  county taxes are collected by the tax collector of Palm Beach

  8  County, and the board shall in such event certify to the

  9  county tax collector a list of all such special assessments

10  and a description of the lands and names of the owners of the

11  properties against which such special assessments have been

12  levied and the amounts to become due therefrom in the next

13  succeeding year, including any interest thereon for any

14  deficiencies for prior years. The board may in lieu of

15  providing for the collection of said special assessments by

16  the tax collector of Palm Beach County, provide for the

17  collection of the special assessments by the district under

18  such terms and conditions as the board shall determine. In

19  such event, the bills or statements for the amounts due at any

20  time and from time to time shall be mailed to the owners of

21  all properties affected by such special assessments at such

22  time or times as the board shall determine. All charges of the

23  county tax collector or of the district, and the fees, costs,

24  and expenses of any paying agents, trustees, or other

25  fiduciaries for assessment bonds issued under this act, shall

26  be deemed to be costs of the operation and maintenance of any

27  improvements in connection with which such special assessments

28  were levied and the board shall be authorized and directed to

29  provide for the payment each year of such costs of collection,

30  fees, and other expenses from additional special assessments

31  or from the maintenance tax as provided by general law.

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  1         Section 5.  Permitting of hauling operations.--

  2         a.  Definitions.--As used in this act:

  3         (1)  "Haul" or "hauling" means to cart, pull, carry, or

  4  transport in a motor vehicle.

  5         (2)  "District" means the Loxahatchee Groves Water

  6  Control District.

  7         (3)  "Excavate" or "excavation" means any act by which

  8  material is cut into, dug, quarried, uncovered, removed,

  9  displaced, relocated, or otherwise deliberately distributed.

10  Excavation excludes agricultural plowing and site grading and

11  demucking in preparation for construction.

12         b.  Application for hauling permit.--

13         (1)  In addition to the powers of the district

14  elsewhere provided by general or special law, the district

15  shall have the power to implement and enforce a permitting

16  system necessary and convenient for the exercise of any of the

17  powers or duties of the district or the board of supervisors

18  thereof pertaining to all roads and roadways maintained by the

19  district, pursuant to its legislative authority, to provide

20  access to or to restrict the use of roads or roadways within

21  the district for the hauling of excavated material where such

22  hauling exceeds 250 cubic yards of excavated material within a

23  1-year period from the property of any landowner.

24         (2)  In order to effect the regulation of hauling

25  activities and the protection of the condition of district

26  roads and roadways, the district:

27         (a)  May require the following information to be

28  supplied in an application for a hauling permit made to the

29  district;

30         (i)  Name and address of proposed hauling operator.

31         (ii)  Type and number of vehicles to be operated.

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  1         (iii)  Origin and destinations of hauling loan.

  2         (iv)  Description of routes upon which the hauling

  3  operation will be conducted.

  4         (v)  Dimensions and maximum total weight of hauling

  5  vehicles.

  6         (vi)  Requested hauling schedule, including times and

  7  dates of excavation and use of hauling route.

  8         (vii)  Verification of notice to all utility companies

  9  and municipalities along the proposed route and a copy of

10  their reply.

11         (viii)  Approval of Palm Beach County's engineering

12  department, if required.

13         (ix)  Name and address of permit applicant, which shall

14  be either the owner of the land from which the material is

15  excavated or the person or entity performing the excavation

16  work, if the latter, the landowner must also sign the permit

17  application.

18         (b)  Shall require that the recipient of a hauling

19  permit from the district coordinate with the district the

20  hauling routes and the times during which hauling activities

21  are permitted to take place.

22         (c)  Shall include, as a condition of the hauling

23  permit, that the hauling operator, permit applicant and

24  landowner (if not the permit applicant) not cause damage or

25  loss from the undertaking of hauling activities to the

26  property of the district, including, but not limited to,

27  district roads and roadways and adjacent private property.

28  Notwithstanding the foregoing, the hauling operator, permit

29  applicant, and landowner (if not the permit applicant) shall

30  be liable for the repair of any such damage caused by hauling

31  activities and shall reimburse the district and any adjacent

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  1  private property owners for any loss or damage occasioned by

  2  hauling activities.

  3         (d)  Shall require, as a condition of the approval of a

  4  hauling permit, evidence of insurance by the hauling operator

  5  to remain in force for the duration of the permit.

  6         (e)  Shall require a permit applicant, the landowner

  7  (if not the permit applicant) and the hauling operator,

  8  jointly and severally, to indemnify and hold harmless the

  9  district and its agents, employees, officers, and supervisors

10  from and against all claims, damages, losses, and expenses,

11  including, but not limited to, reasonable attorney's fees,

12  arising out of or resulting from the exercise of hauling

13  activities pursuant to the permit, provided that any such

14  claim, damage, loss, or expense arises or results, in whole or

15  in part, from the hauling operator's activities in connection

16  with the hauling permit, and to execute an indemnity agreement

17  so stating.

18         (f)  May assess and collect reasonable fees in

19  connection with reviewing permit applications and approving

20  the hauling permit.

21         (g)  May adopt rules to implement the purposes of this

22  section.

23         c.(1)  Any person who, willfully or otherwise, hauls

24  material on district roads or roadways shall obtain a hauling

25  permit as required under this act and shall not violate the

26  conditions of any hauling permit that has been granted by the

27  district pursuant to this act.

28         (2)  Any person who willfully hauls excavated material

29  on district roads or roadways without a hauling permit as

30  required under this act or who violates the conditions of a

31  hauling permit granted pursuant to this act is liable to any

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  1  person injured thereby for the full amount of the injury

  2  occasioned to any land or crops or other property by reason of

  3  such hauling activities, and shall be liable to the district

  4  for double the cost of repairing any resulting damage to the

  5  district's roads or roadways.

  6         (3)  Any person who willfully hauls excavated material

  7  upon the district roads or roadways without a hauling permit

  8  as required under this act, or in contravention of the

  9  conditions of a hauling permit granted pursuant to this act,

10  shall be subject to a civil fine of $500 per occurrence, with

11  each day that a violation occurs constituting a separate

12  occurrence. Any violation of this section may be treated in

13  the same manner as a noncriminal traffic infraction under

14  chapter 318, Florida Statutes, and citations for such

15  violations may be issued by traffic enforcement agencies in

16  the same manner as traffic citations are issued under chapter

17  316, Florida Statutes.

18         (4)  If a hauling operator, permit applicant, or

19  landowner (if not the permit applicant) upon notice, in

20  writing or otherwise, fails to repair any damage occasioned by

21  the hauling of materials on the road or roadways of the

22  district within 24 hours of receiving said notice, the

23  district may repair such damage and assess the owner of the

24  land from which the material was excavated for the district's

25  costs in connection with such repairs. Upon failure of any

26  landowner to pay any assessments levied by the district

27  pursuant to this section within 30 days of receipt of any

28  owner of notice of the assessment, the district shall have a

29  lien on all lands and premises affected thereby. Such liens

30  shall be superior and paramount to the interest in such land

31  and premises of any owner, lessee, tenant, mortgagee, or other

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  1  person except the lien of state, county, or district taxes and

  2  shall be on a parity with the lien of any such state, county,

  3  or district taxes. Such liens shall bear interest at the

  4  annual rate equal to the interest rate due on judgments,

  5  pursuant to s. 55.03, Florida Statutes, per year and shall,

  6  until paid, remain in effect in perpetuity.

  7         Section 6.  Restriction on annexation.--In view of the

  8  unique rural community nature of the district and a

  9  recognition by the Legislature of the appropriateness of

10  preserving the district as a unified community, no land within

11  the boundaries of the district may be annexed by any

12  municipality unless the municipality proposing to annex said

13  land agrees to annex all of the real property composing the

14  district and such annexation is subject to the provisions set

15  forth in s. 171.0413, Florida Statutes, including, but not

16  limited to, the requirement that the annexation be approved in

17  a referendum vote by the registered electors living within the

18  boundaries of the district. However, the restrictions on

19  annexation in this section shall not apply to that portion of

20  the district consisting of a parcel bounded by Southern

21  Boulevard on the south, the southern boundary of the

22  drainage/road right-of-way known as Collecting Canal on the

23  north, Folsom/Crestwood on the east, and the western boundary

24  of the Palms West Hospital property on the west, said parcel

25  being more particularly described as follows:

26

27         A parcel of land located in the County of Palm

28         Beach, State of Florida, to wit:  The point of

29         beginning being the intersection of the

30         easterly line of Lot 4, Block K, Loxahatchee

31         District, according to the plat thereof on file

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  1         in the Office of the Clerk of the Circuit Court

  2         recorded in Plat Book 7, Page 81, of the Public

  3         Records of Palm Beach County, Florida; and the

  4         southerly boundary of the "Collecting Canal" as

  5         shown on the Replat of Loxahatchee Groves

  6         Subdivision according to the plat thereof,

  7         recorded in Plat Book 12, Page 29, of the

  8         Public Records of Palm Beach County, Florida;

  9         thence easterly along said southerly boundary

10         of the Collecting Canal to the easterly

11         boundary of said Replat of Loxahatchee Groves;

12         thence south along said easterly boundary line

13         of the Replat of Loxahatchee Groves to the

14         north right-of-way line of State Road 80,

15         thence westerly along said northerly

16         right-of-way line of State Road 80 to the

17         easterly line of Lot 4, Block K, Loxahatchee

18         District; thence northerly along said easterly

19         line of Lot 4 to the Point of Beginning.

20

21         Section 7.  Borrowing authority to deal with

22  disaster.--To allow the district to deal with the financial

23  impact of the repair, replacement, or reconstruction of works

24  of the district or other costs incurred by the district due to

25  a "disaster," as defined in s. 252.34(1), Florida Statutes,

26  the district is hereby authorized to borrow such funds as the

27  district may reasonably determine are necessary to cope with

28  the disaster. The district is also authorized to enter into a

29  line of credit arrangement that will permit such borrowing,

30  but funds can be drawn on the line of credit only after a

31  state of emergency has been declared by Palm Beach County, the

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  1  Governor, or the President of the United States. The district

  2  may grant as security or collateral for borrowing under this

  3  section any local, state, or federal disaster relief payments

  4  (or similar type of payments) to be received by the district

  5  or maintenance assessments levied by the district pursuant to

  6  s. 298.54, Florida Statutes, or both.

  7         Section 3.  Except as specifically provided herein,

  8  chapter 76-455, Laws of Florida; chapter 79-540, Laws of

  9  Florida; chapter 82-355, Laws of Florida; chapter 86-432, Laws

10  of Florida; chapter 87-519, Laws of Florida; chapter 88-502,

11  Laws of Florida; and chapter 92-259, Laws of Florida are

12  repealed.

13         Section 4.  In the event any section, or provision of

14  this act is determined to be invalid or unenforceable, such

15  determination shall not affect the validity of or

16  enforceability of each other section and provision of this

17  act.

18         Section 5.  In the event of a conflict of the

19  provisions of this act, with the provisions of any other act,

20  the provisions of this act shall control to the extent of such

21  conflict.

22         Section 6.  This act shall take effect upon becoming a

23  law.

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