Senate Bill sb2668

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    Florida Senate - 2000        (NP)                      SB 2668

    By Senator Geller





    29-1744-00                                         See HB 1679

  1                      A bill to be entitled

  2         An act relating to the Hendry/Hilliard Water

  3         Control District, Hendry County; providing for

  4         codification of all special acts relating to

  5         the Hendry/Hilliard Water Control District;

  6         providing legislative intent; amending,

  7         codifying, and reenacting chapter 86-394, Laws

  8         of Florida; providing for repeal of all prior

  9         special acts related to the Hendry/Hilliard

10         Water Control District; providing for

11         severability; providing for control in the

12         event of a conflict of provisions; providing an

13         effective date.

14

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

16

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

18  Florida, and chapter 98-320, Laws of Florida, this act

19  constitutes the codification of all special acts relating to

20  the Hendry/Hilliard Water Control District, an independent

21  special district and political subdivision of the State of

22  Florida. It is the intent of the Legislature in enacting this

23  law to provide a single, comprehensive special act charter for

24  the District, including all current legislative authority

25  granted to the District by its several legislative enactments

26  and any additional authority granted by this act. It is

27  further the intent of this act to preserve all District

28  authority.

29         Section 2.  Chapter 86-394, Laws of Florida, relating

30  to the Hendry/Hilliard Water Control District of Florida, is

31  codified, reenacted, amended, and repealed as herein provided.

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1         Section 3.  The Hendry/Hilliard Water Control District

  2  is re-created and the charter for such district is re-created

  3  and reenacted to read:

  4         Section 1.  Minimum charter requirements.--In

  5  accordance with section 189.404(3), Florida Statutes, the

  6  following shall constitute the charter of Hendry/Hilliard

  7  Water Control District:

  8         (1)  The District is organized and exists for all

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

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

11         (2)  The powers, functions, and duties of the District

12  regarding non-ad valorem assessments, bond issuance, other

13  revenue-raising capabilities, budget preparation and approval,

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

15  certificates as appropriate for non-ad valorem assessments,

16  and contractual agreements shall be as set forth in chapters

17  189, 197, and 298, Florida Statutes, this act, or any other

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

19  time to time.

20         (3)  The District was created by chapter 86-394, Laws

21  of Florida, 1986, a special legislative act.

22         (4)  The District's charter may be amended only by

23  special act of the Legislature.

24         (5)  In accordance with chapter 298, Florida Statutes,

25  the District is governed by a Board of Supervisors.  The

26  membership and organization of the Board shall be as set forth

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

28  amended from time to time.

29         (6)  The compensation of Board members shall be

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

31  they may be amended from time to time.

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1         (7)  The administrative duties of the Board shall be as

  2  set forth in this act and chapter 298, Florida Statutes, as

  3  they may be amended from time to time.

  4         (8)  Requirements for financial disclosure, meeting

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

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

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

  8  be amended from time to time.

  9         (9)  The procedures and requirements governing the

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

11  by the District shall be as set forth in chapters 189 and 298,

12  Florida Statutes, and applicable general laws, as they may be

13  amended from time to time.

14         (10)  The procedures for conducting District elections

15  and for qualification of electors shall be pursuant to

16  chapters 189 and 298, Florida Statutes, and applicable general

17  laws as they may be amended from time to time.

18         (11)  The District may be financed by any method

19  established in this action, chapters 189 and 298, Florida

20  Statutes, or any applicable general laws, as they may be

21  amended from time to time.

22         (12)  In accordance with chapter 298, Florida Statutes,

23  the District may continue to levy upon all of the real taxable

24  property in the District a special tax each year as

25  maintenance tax.

26         (13)  The method for collecting non-ad valorem

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

28  chapters 197 and 298, Florida Statutes, as they may be amended

29  from time to time.

30

31

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1         (14)  The District's planning requirements shall be as

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

  3  may be amended from time to time.

  4         (15)  That all acts and proceedings done and performed

  5  by the Board of Supervisors, agents, and officers of the

  6  District, acting for and on behalf of the District, are and

  7  each of them is, hereby ratified, validated, confirmed, and

  8  declared to be legal, valid, and binding.

  9         (16)  The geographic boundary limitations are as set

10  forth in section 2.

11         Section 2.  District creation and boundaries.--For the

12  purposes of comprehensive water management and control and

13  developing the land hereinafter described and managing said

14  lands and water by means of the construction and maintenance

15  of canals, ditches, levees, dikes, pumping plants, and other

16  water control works and improvements, and for the purpose of

17  making the lands within said District available and habitable

18  for settlement and agriculture, and for the public

19  convenience, welfare, utility, and benefit, and for the other

20  purposes stated in this act, a water control district is

21  hereby created and established in Hendry County, Florida, to

22  be known as the Hendry/Hilliard Water Control District, the

23  territorial boundaries of which shall be as follows, to wit:

24

25         That part of Section 7 south of State Road 80

26         right-of-way and east of the Hilliard Canal;

27         that part of Section 8 south of State Road 80

28         right-of-way; all of Section 17; that part of

29         Section 18 east of Hilliard Canal; and all of

30         Section 20, all in Township 43 South, Range 32

31         East, Hendry County, Florida

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1

  2         All of Sections 1, 2, 3, 10, 11, 12, 13, 14,

  3         15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, all

  4         in Township 44 South, Range 31 East, Hendry

  5         County, Florida.

  6

  7         All of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 16,

  8         17, 18, 19, 20, 28, 29, 30, 31, 32, 33, and all

  9         of Section 21, all in Township 44 South, Range

10         32 East, Hendry County, Florida.

11

12         Fractional Sections 3 and 4; Sections 9, 10,

13         16, 21, 22, 23, 26, 27, 28, 33, 34, and 35; the

14         Southwest one-quarter of Section 15, all in

15         Township 43 South, Range 32 East, Hendry

16         County, Florida.

17

18         Consisting of 33,120 acres more or less.

19

20  It is hereby determined, declared, and enacted that said lands

21  in their present condition require comprehensive water control

22  and management for proper agricultural use, and that water

23  control for the purpose of irrigation, reclamation, and flood

24  protection of said lands, making said lands available for

25  agricultural and settlement purposes, and the creation of the

26  District with the power vested in it by this act, is in the

27  interest of and conducive to public welfare, health, and

28  convenience.

29         Section 3.  Provisions of other laws made

30  applicable.--The Hendry/Hilliard Water Control District hereby

31  created shall be a public corporation of this state. The

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  provisions of Florida law applicable to water control

  2  districts or subdistricts which are embodied in chapter 298,

  3  Florida Statutes, and all of the laws amendatory thereof, now

  4  existing or hereafter enacted, so far as not inconsistent with

  5  this act, are hereby declared to be applicable to the

  6  Hendry/Hilliard Water Control District. The Hendry/Hilliard

  7  Water Control District shall have all of the powers and

  8  authorities conferred by chapter 298, Florida Statutes, and

  9  acts amendatory thereof, except as herein otherwise provided.

10         Section 4.  Powers of the District.--The District shall

11  have the power to sue and be sued in its name in any court of

12  law or in equity; to make contracts; to adopt and use a

13  corporate seal and to alter the same at pleasure; to acquire

14  by purchase, gift, or condemnation real and personal property,

15  either or both, within or without the District, and to convey

16  and dispose of such real and personal property, either or

17  both, as may be necessary or convenient to carry out the

18  purposes, or any of the purposes, of this act, and chapter

19  298, Florida Statutes; to construct, operate, and maintain

20  canals, ditches, drains, levees, and other works for water

21  control purposes; to acquire, purchase, operate, and maintain

22  pumps, plants, and pumping systems for water control purposes;

23  to construct, operate, and maintain irrigation works,

24  machinery, and plants; to borrow money and issue negotiable or

25  other bonds of the District as hereinafter provided; to borrow

26  money, from time to time, and issue negotiable or other notes

27  of the District therefor, in anticipation of the collection of

28  taxes, levies, and assessments or revenues of the District,

29  and to pledge or hypothecate such taxes, levies, assessments,

30  and revenues to secure such bonds, notes, or obligations, and

31  to sell, discount, negotiate, and dispose of the same; and to

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  exercise all other powers necessary, convenient, or proper in

  2  connection with any of the powers or duties of the District

  3  stated in this act. The powers and duties of the District

  4  shall be exercised by and through the Board of Supervisors

  5  thereof, which Board shall have the authority to employ

  6  engineers, attorneys, agents, employees, and representatives

  7  as the Board of Supervisors may from time to time determine,

  8  and to fix their compensation and duties. In addition, the

  9  District shall have all of the powers provided for in chapter

10  298, Florida Statutes.

11         Section 5.  Board of Supervisors; appointment of Board;

12  organization, powers, duties, and terms of office.--There is

13  created a Board of Supervisors of Hendry/Hilliard Water

14  Control District, which shall be the governing body of the

15  District. The Board of Supervisors shall consist of three

16  persons who, except as herein otherwise provided, shall hold

17  office for a term of 3 years and until their successors shall

18  be duly elected and qualified. Each year during the month of

19  June, a supervisor shall be elected, as hereinafter provided,

20  by the landowners of said District to take the place of the

21  retiring supervisor. All vacancies or expirations on the Board

22  shall be filled as required by this act. The supervisors of

23  the Hendry/Hilliard Water Control District need not be

24  residents of the District or of the State of Florida, and they

25  may or may not be owners of lands or property within the

26  District. In case of a vacancy in the office of any

27  supervisor, the remaining supervisors may fill such vacancy

28  until the next annual meeting of the landowners, when his or

29  her successor shall be elected by the landowners for the

30  unexpired term. As soon as practicable after their election,

31  the Board of Supervisors of the District shall organize by

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  choosing one of their number as President of the Board of

  2  Supervisors and by electing some suitable person as Secretary,

  3  who may or may not be a member of the Board. The Board of

  4  Supervisors shall adopt a seal which shall be the seal of the

  5  District. At each annual meeting of the landowners of the

  6  District, the Board of Supervisors shall report all work

  7  undertaken or completed during the preceding year and the

  8  financial status of the District. All supervisors shall hold

  9  office until their successors shall be elected and qualified.

10  Whenever any election is authorized or required by this act to

11  be held by the landowners at any particular stated time or

12  day, and if for any reason such election shall not or cannot

13  be held at such time or on such day, then in such event and in

14  all and every such event, the power or duty to hold such

15  election shall not cease or lapse, but such election shall be

16  held thereafter as soon as practicable and consistent with

17  this act.

18         Section 6.  Compensation of Board.--Each supervisor

19  shall be paid a per diem for his or her services, in an amount

20  to be determined by the landowners at the annual landowners'

21  meeting, for each day actually engaged in work pertaining to

22  the District. The amount shall not exceed that provided for by

23  chapter 298, Florida Statutes, and amendments thereto, except

24  that, in addition to per diem, they shall receive

25  reimbursement for travel and expenses as provided by law.

26         Section 7.  Meetings of landowners; election of

27  Supervisors.--Each year during the month of June, a meeting of

28  the landowners of said District shall be held for the purpose

29  of electing Supervisors to take the place of the retiring

30  Supervisors and of hearing reports of the Board of

31  Supervisors. The Board of Supervisors shall have the power to

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  call special meetings of the landowners at any time to receive

  2  reports of the Board of Supervisors or consider and act upon

  3  any matter upon which the Board of Supervisors may request

  4  advice. Notice of all meeting of the landowners shall be given

  5  by the Board of Supervisors pursuant to chapters 189 and 298,

  6  Florida Statutes. The landowners, when assembled for the

  7  annual landowners' meeting, shall organize by electing a chair

  8  who shall preside at the meeting. The Secretary of the Board

  9  of Supervisors shall be the Secretary of such meeting. At all

10  such annual landowners' meetings, each and every acre of land

11  in the District shall represent one vote, and each owner shall

12  be entitled to one vote in person or by written proxy for

13  every acre of land owned by him or her in the District. The

14  person receiving the highest number of votes for supervisor

15  shall be declared and elected as such supervisor. At any

16  landowners' meeting, a quorum shall constitute those

17  landowners present in person or by proxy. Guardians may

18  represent their wards, personal representatives may represent

19  the estates of deceased persons, trustees may represent lands

20  held by them in trust, and private corporations may be

21  represented by their officers or duly authorized agents.

22  Guardians, personal representatives, trustees, and

23  corporations may vote by proxy.

24         Section 8.  Taxes levied and apportioned, and the

25  collection thereof.--

26         (1)  INSTALLMENT TAXES.--Taxes shall be levied and

27  apportioned as provided by chapter 298, Florida Statutes, and

28  amendments thereto.

29         (2)  MAINTENANCE TAX.--To maintain and preserve

30  improvements made pursuant to this chapter and to repair and

31  restore the same, and for the purpose of defraying the current

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  expenses of the District, the Board of Supervisors may,

  2  pursuant to chapter 298, Florida Statutes, upon the completion

  3  of said improvements, in whole or in part as may be certified

  4  to the said Board by the Chief Engineer, levy annually a tax

  5  upon each tract or parcel of land within the District, to be

  6  known as a "maintenance tax." Said maintenance tax shall be

  7  apportioned upon the basis of the net assessments of benefits

  8  assessed or accruing for original construction.

  9         (3)  TAXES AND COSTS A LIEN ON LAND AGAINST WHICH TAXES

10  LEVIED.--All taxes provided for in this chapter, together with

11  all penalties for default in payment of the same and all costs

12  in collecting the same, shall, from the date of assessment

13  thereof until paid, constitute a lien of equal dignity with

14  the liens for county taxes, and other taxes of equal dignity

15  with county taxes, upon all the lands against which such taxes

16  shall be levied as is provided in this chapter.

17         (4)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR,

18  AND CLERK OF THE CIRCUIT COURT.--The offices of the Property

19  Appraiser, Tax Collector, and Clerk of the Circuit Court of

20  Hendry County shall be entitled to compensation of services

21  performed in connection with taxes of said District as

22  provided by chapter 298, Florida Statutes.

23         (5)  LEVIES OF TAXES ON LAND LESS THAN ONE ACRE.--In

24  levying and assessing all taxes, each tract or parcel of land

25  less than 1 acre in area shall be assessed as a full acre, and

26  each tract or parcel of land more than 1 acre in area which

27  contains a fraction of an acre shall be assessed at the

28  nearest whole number of acres, a fraction of one half or more

29  to be assessed as a full acre.

30         Section 9.  When unpaid taxes delinquent; penalty.--All

31  taxes provided for in this act shall be and become delinquent

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  and bear penalties on the amount of said taxes in the same

  2  manner as county taxes.

  3         Section 10.  Enforcement of taxes.--The collection and

  4  enforcement of all taxes levied by the District shall be at

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

  6  provisions of the Florida Statutes relating to the sale of

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

  8  sale, and delivery of tax certifications for such unpaid and

  9  delinquent county taxes, the redemption thereof, the issuance

10  to individuals of tax deeds based thereon; and all other

11  procedures in connection therewith, shall be applicable to the

12  District and the delinquent and unpaid taxes of the District

13  to the same extent as if said statutory provisions were

14  expressly set forth in this act. All taxes shall be subject to

15  the same discounts as county taxes.

16         Section 11.  Uniform acreage tax for payment of

17  expenses.--There is hereby levied by the Legislature of the

18  State of Florida upon each and every acre of land within the

19  Hendry/Hilliard Water Control District as defined in this act,

20  a uniform tax to be used by the District, through its Board of

21  Supervisors, for the purpose of paying expenses incurred or to

22  be incurred in making surveys of the lands in the District and

23  assessing benefits and damages, and other expenses necessarily

24  incurred, as may be estimated or determined by the Board of

25  Supervisors, before the Board of Supervisors shall have funds

26  under the subsequent provisions of this act. The tax shall

27  become due and payable on the first day of November, and shall

28  become delinquent 90 days thereafter. The tax shall be a lien

29  upon the lands in the District from the date of the enactment

30  of this act and shall be collected in the same manner as the

31  annual installment of taxes. If it shall appear to the Board

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  of Supervisors to be necessary to obtain funds to pay any

  2  expenses incurred or to be incurred in organizing the

  3  District, making said surveys, creating a unit, or preparing

  4  the water control plan, or any other expenses of the conduct

  5  and operation of the District before a sufficient sum can be

  6  obtained by the collection of the acreage tax levied by this

  7  section, the Board of Supervisors may borrow a sufficient sum

  8  of money for any of said purposes, may issue negotiable notes

  9  or bonds therefor signed by the members of said Board of

10  Supervisors, and may pledge any and all assessments of said

11  acreage tax levied under the provisions of this section for

12  the repayment therefor. The Board of Supervisors may issue

13  negotiable evidence of debt to any person or persons

14  performing work or services or furnishing anything of value in

15  the organization of the District or making surveys of the same

16  and assessing benefits or damages or preparing said water

17  control plan and for any other expenses necessarily incurred

18  before the receipt of funds arising from assessments or

19  benefits.

20         Section 12.  Bonds may be issued under the provisions

21  of chapter 298, Florida Statutes.--The Board of Supervisors

22  may, if in their judgment it seems best, issue bonds under the

23  provisions of chapter 298, Florida Statutes, bearing interest

24  from date, after determining any discount thereon, payable

25  annually or semiannually.

26         Section 13.  Water control for public benefit.--It is

27  hereby declared that in said District, surface waters, which

28  shall include rainfall and the overflow of rivers and streams,

29  shall be managed for a public benefit, and the District, and

30  any individual or agency holding a permit to do so from the

31

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  District, shall have the right to dike, dam, and construct

  2  levees to manage waters within the District.

  3         Section 14.  Unit development; powers of supervisors to

  4  designate units of District and adopt system of progressive

  5  drainage by units; water control plan and financing

  6  assessments, etc., for each unit.--The Board of Supervisors of

  7  Hendry/Hilliard Water Control District shall have the power

  8  and is hereby authorized in its discretion to manage water

  9  within the District by designating areas or parts of said

10  District to be called "units." The units into which said

11  District may be so divided shall be given appropriate numbers

12  or names by the Board of Supervisors so that the units may be

13  readily identified and distinguished. The Board of Supervisors

14  shall have the power to fix and determine the location, area,

15  and boundaries of and lands to be included in each and all

16  such units, the order of development thereof, and the method

17  of carrying on the work in each unit. The unit system of water

18  control provided by this section may be conducted, and all of

19  the proceedings by this section and this act authorized in

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

21  at the same time as or after implementation of the District

22  water control plan. If the Board of Supervisors shall

23  determine it is advisable to implement the District water

24  control plan by units, as authorized by this section, the

25  Board shall, by resolution duly adopted and entered upon its

26  minutes, declare its purpose to conduct such work accordingly,

27  and shall at the same time and manner fix the number,

28  location, and boundaries of and description of lands within

29  such unit or units and give them appropriate numbers or names.

30  The Board of Supervisors may adopt a water control plan for,

31  and in respect to, any or all such units, and to have the

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  benefits and damages resulting therefrom assessed and

  2  apportioned by the District engineer, and the engineer's

  3  report considered and confirmed, all in like manner as is

  4  provided by law in regard to water control plan for and

  5  assessments of benefits and damages of the entire District.

  6  With respect to the water control plan; notices; engineer's

  7  report and notice and confirmation thereof; the levy of

  8  assessments and taxes, including maintenance taxes and the

  9  issuance of bonds; and all other proceedings as to each and

10  all of such units, said Board shall follow and comply with the

11  same procedure as is provided by law with respect to the

12  entire District. All the provisions of this act shall apply to

13  the water management and control within all of such units, and

14  the enumeration of or reference to specific powers or duties

15  of the supervisors, or any other officers or other matters in

16  this act as hereinabove set forth, shall not limit or restrict

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

18  herein to such units. All assessments, levies, taxes, bonds,

19  and other obligations made, levied, assessed, or issued, or

20  issued for or in respect to any such unit or units shall be a

21  lien and charge solely and only upon the lands in such unit or

22  units, respectively, for the benefit of which the same shall

23  be levied, made, or issued, and not upon the remaining units

24  or lands in said District. The Board of Supervisors may at any

25  time amend its resolutions by changing the location and

26  description of lands in any such unit or units; and provided,

27  further, that if the location of or description of lands

28  located in any such unit or units is so changed, proceedings

29  shall be had and one in that regard as are provided in this

30  section for the original creation of such unit or units,

31  provided, however, no lands against which benefits shall have

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  been assessed may be detached from any such unit after the

  2  confirmation of the engineer's report of benefits in such unit

  3  or units or the issuance of bonds or other obligations which

  4  are payable from taxes or assessments for benefits levied upon

  5  the land within such unit or units. Provided, however, that

  6  if, after the confirmation of the engineer's report of

  7  benefits in such unit or units, or the issuance of bonds or

  8  other obligations which are payable from taxes or assessments

  9  for benefits levied upon lands within such unit or units, the

10  Board of Supervisors finds the water control plan for any such

11  unit or units insufficient or inadequate for efficient

12  development, the water control plan may be amended or changed

13  as provided in chapter 298, Florida Statutes, and the unit or

14  units may be amended or changed as provided in this section by

15  changing the location and description of lands in any such

16  unit or units, by detaching lands therefrom, or by adding

17  lands thereto. In such event all assessments, levies, taxes,

18  bonds, and other obligations made, levied, assessed, incurred,

19  or issued for or in respect to any such unit or units may be

20  allocated and apportioned to the amended unit or units in

21  proportion to the benefits assessed by the engineer's report

22  for the amended water control plan, and said report shall

23  specifically provide for such allocation and apportionment.

24  However, a change or amendment to a designated unit is not

25  authorized if it has the effect of impairing a debt or other

26  obligation of the unit or District.

27         Section 4.  Chapter 86-394, Laws of Florida, is

28  repealed.

29         Section 5.  If any provision of this act or the

30  application thereof to any person or circumstance is held

31  invalid, the invalidity shall not affect other provisions or

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    Florida Senate - 2000        (NP)                      SB 2668
    29-1744-00                                         See HB 1679




  1  applications of the act which can be given effect without the

  2  invalid provision or application, and to this end the

  3  provisions of this act are declared severable.

  4         Section 6.  In the event of a conflict between the

  5  provisions of this act and the provisions of any other act,

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

  7  conflict.

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

  9  law.

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