House Bill 1789

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    Florida House of Representatives - 2000                HB 1789

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to Flagler Estates Road and

  3         Water Control District, St. Johns and Flagler

  4         Counties, an independent special district;

  5         requiring the Flagler Estates Road and Water

  6         Control District to obtain an independent

  7         feasibility study to determine the

  8         effectiveness of the District in providing

  9         services, including addressing the feasibility

10         of an interlocal agreement and

11         cost-effectiveness of and alternatives to the

12         provision of services by the District;

13         providing requirements if the District and

14         Flagler and St. Johns Counties are unable to

15         reach agreement by a time certain; providing an

16         effective date.

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18         WHEREAS, the Flagler Estates Road and Water Control

19  District is composed of nearly 6,500 individual lots in St.

20  Johns and Flagler Counties, and

21         WHEREAS, it is not reasonably feasible for the owners

22  of property within the Flagler County portion of the District

23  to build on their property, and

24         WHEREAS, many owners of property within the Flagler

25  County portion of the District are concerned that they may

26  never be able to use their property, and

27         WHEREAS, these owners are charged the same assessment

28  for services by the Flagler Estates Road and Water Control

29  District, even though they cannot feasibly build on their

30  property, and

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    Florida House of Representatives - 2000                HB 1789

    589-153A-00






  1         WHEREAS, the 1999-2000 Flagler Estates Road and Water

  2  Control District budget shows that Flagler County landowners

  3  contribute $116,000 of the District's $630,900 tax revenue,

  4  and

  5         WHEREAS, the Legislature has concluded that there

  6  should be a greater cooperative effort between the Flagler

  7  Estates Road and Water Control District and Flagler County

  8  which would lead to development in the Flagler County portions

  9  of the District, and

10         WHEREAS, the Legislature has resolved that owners of

11  property within the Flagler County portion of the District

12  should pay a smaller portion of the overall District budget

13  until such time that those landowners may utilize their

14  property for individual residential development, NOW,

15  THEREFORE,

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

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19         Section 1.  Flagler Estates Road and Water Control

20  District Feasibility Study.--

21         (1)  The Flagler Estates Road and Water Control

22  District shall obtain an independent feasibility study to

23  determine the current effectiveness of the District in

24  providing services to its landowners. The study shall address,

25  but not be limited to:

26         (a)  The feasibility of an interlocal agreement between

27  the District, St. Johns County, and Flagler County for the

28  purpose of providing services and facilitating development in

29  the sections of the District located in Flagler County.

30         (b)  The cost-effectiveness of the current services

31  provided by the District.

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    Florida House of Representatives - 2000                HB 1789

    589-153A-00






  1         (c)  Alternatives to the District for providing

  2  services.

  3         (2)  The feasibility study shall be completed and

  4  submitted to the Chairs of the Flagler and St. Johns

  5  Legislative Delegations by January 1, 2001.

  6         Section 2.  The Flagler Estates Road and Water Control

  7  District must reduce the assessment rate for Flagler County

  8  landowners by 20 percent, beginning with the 2000-2001 tax

  9  year. The burden of the attendant revenue loss may not be

10  imposed upon the landowners in the St. Johns County portion of

11  the District without justification in the feasibility study

12  required by section 1 of this act, as well as consideration by

13  the District's Board of Supervisors at two public hearings

14  held in conjunction with regularly noticed board meetings.

15         Section 3.  The Flagler Estates Road and Water Control

16  District shall enter into discussions with Flagler County and

17  St. Johns County, with the goal of taking action that would

18  lead to the facilitation of development by owners of property

19  within the Flagler County portion of the District.

20         Section 4.  In the event that the District and Flagler

21  County are unable to reach an agreement, the assessment to

22  Flagler County landowners shall be reduced an additional 20

23  percent for the 2001-2002 tax year and shall continue to be

24  reduced by 20 percent in each subsequent tax year until

25  January 1, 2004, when the assessment for Flagler County

26  landowners shall be reduced to zero. The burden of the

27  attendant revenue loss in subsequent tax years may not be

28  imposed upon the landowners in the St. Johns County portion of

29  the District without public hearings as required in section 2

30  of this act.

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    Florida House of Representatives - 2000                HB 1789

    589-153A-00






  1         Section 5.  Should no agreement be reached and the

  2  level of assessment on properties located within the District

  3  and in Flagler County reach zero, the Flagler County portion

  4  of the District shall be dissolved from the District and

  5  Flagler County shall assume title to all real property of the

  6  District that is located within Flagler County. Moreover,

  7  Flagler County shall assume all debts owed by the District

  8  with respect to the properties or interests so transferred.

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

10  law.

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