HOUSE AMENDMENT
                                                   Bill No. HB 837
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Ritter offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Pursuant to section 189.429, Florida
18  Statutes, this act constitutes the codification of all special
19  acts relating to the Sunshine Water Control District, an
20  independent special district in Broward County, Florida.  It
21  is the intent of the Legislature in enacting this law to
22  provide a single, comprehensive special act charter for the
23  district, including all current legislative authority granted
24  to the district by its legislative enactments.
25         Section 2.  Chapter 63-609, Laws of Florida, relating
26  to the Sunshine Water Control District, is codified,
27  reenacted, amended, and repealed as herein provided.
28         Section 3.  The Charter for the Sunshine Water Control
29  District is re-created and reenacted to read:
30         Section 1.  Creation of the District, and Boundaries
31  Ratified and Approved. The decree of the circuit court in and
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    File original & 9 copies    04/26/01                          
    hca0002                     01:11 pm         00837-0096-614707

HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 for the 15th judicial circuit, Broward County, Florida, 2 entered in chancery No. 62-4596-F, on the 23rd day of January, 3 1963, creating and incorporating the Sunshine Water Control 4 District as a public corporation of this state, and all 5 subsequent proceedings taken in said circuit court concerning 6 said district are ratified, confirmed and approved. 7 Section 2. Provisions of Chapter 298, Florida 8 Statutes, Made Applicable. The Sunshine Water Control 9 District, an independent special district and public 10 corporation of this state, created under Chapter 298, Florida 11 Statutes, shall be governed by provisions of the general 12 drainage laws of Florida applicable to drainage districts or 13 sub-drainage districts that are embodied in Chapter 298, 14 Florida Statutes, and all of the laws amendatory thereof, now 15 existing or hereinafter enacted, so far as not inconsistent 16 with this charter or any subsequent special acts relating to 17 Sunshine Water Control District, except those portions of 18 Sections 298.11, 298.12, and 298.14, Florida Statutes, 19 pertaining to how the members of the board of supervisors are 20 elected and to board of supervisors meetings, which shall be 21 as provided for herein. In lieu thereof, the following 22 provisions shall apply to the district: 23 (1) The board of supervisors shall consist of five 24 elected members. The five candidates receiving the highest 25 number of votes cast at a special election conducted by the 26 Supervisor of Elections shall be elected to the board. Elected 27 members of the board of supervisors shall be residents of the 28 district. 29 (2) Commencing upon the expiration of the terms of the 30 existing board members, all subsequent board members shall 31 meet the requirements provided for herein and shall be elected 2 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 as provided for herein. Existing board members' terms shall be 2 extended to November of the year in which their term expires. 3 In November 2002, the two new board members shall be selected 4 or elected as provided for herein. Board members to be elected 5 shall be elected at an election conducted by the Supervisor of 6 Elections on the first Tuesday in November of the year when 7 the board member's term expires. The costs of such elections 8 shall be paid for by the district. 9 (3) The board shall establish a regular meeting date 10 each month and shall meet no less than one time each month. 11 However, the board may decide by majority vote to take one 12 month off from meetings each year for a vacation. Meetings of 13 the board shall be held in a public place, and shall be held 14 in accordance with the requirements of chapter 286, Florida 15 Statutes. A majority of the members of the board of 16 supervisors shall constitute a quorum. Special meetings of the 17 board may be called at any time to receive reports of the 18 board or for such other purposes as the board may determine 19 upon 24 hours' notice to board members and to the public by 20 posting at the district office at a public location set aside 21 for notice purposes. 22 Section 3. Powers of the District. The Sunshine Water 23 Control District shall have in addition to the powers provided 24 for in said Chapter 298, Florida Statutes, the power and 25 authority to construct, improve, pave and maintain roadways 26 and roads necessary and convenient to provide access to and 27 efficient development of areas made suitable and available for 28 the cultivation, settlement, urban subdivision, homesites and 29 other beneficial use and development as a result of the 30 drainage and reclamation operations of the district, including 31 any dedicated to public use within the boundaries of the 3 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 district. 2 Section 4. Installment Taxes, Levied and Apportioned, 3 and the Collection Thereof. Taxes shall be levied and 4 apportioned as provided for in the general drainage laws of 5 Florida, (Chapter 298, Florida Statutes, and amendments 6 thereto), except that the provisions of Sections 298.37, 7 298.38, 298.39, 298.40, and 298.41, Florida Statutes, and 8 amendments thereto, shall not be applicable to said district. 9 In lieu thereof, the following provisions shall apply to said 10 district. 11 The board of supervisors shall determine, order and 12 levy the amount of the annual installments of the total taxes 13 levied under Section 298.36, Florida Statutes, which shall 14 become due and be collected during each year at the same time 15 that county taxes are due and collected, which said annual 16 installment and levy shall be evidenced to and certified by 17 the said board, not later than July 1st of each year, to the 18 property appraiser of Broward County, Florida. Said tax shall 19 be extended by the property appraiser on the county tax roll 20 and shall be collected by the tax collector in the same manner 21 and time as county taxes, and the proceeds thereof paid to 22 said district. Said tax shall be a lien until paid on the 23 property against which assessed, and enforceable in like 24 manner as county taxes. 25 Section 5. Maintenance Tax. The provisions of Section 26 299.54, Florida Statutes, and amendments thereto, shall not be 27 applicable to said district. In lieu thereof, the following 28 provisions shall apply to said district. 29 To maintain and preserve the improvements made pursuant 30 to this charter and to repair and restore the same, when 31 needed, and for the purpose of defraying the current expenses 4 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 of the district, the board of supervisors may, upon the 2 completion of said improvements, in whole or in part as may be 3 certified to the said board by the chief engineer, levy 4 annually a special assessment upon each tract or parcel of 5 land within the district, to be known as a "maintenance tax." 6 Said maintenance tax shall be apportioned upon the basis of 7 the net assessments of benefits assessed as accruing for 8 original construction, and shall be evidenced to and certified 9 by said board not later than July 1st of each year, to the 10 property appraiser of Broward County, Florida, and shall be 11 extended by the property appraiser on the county tax roll and 12 shall be collected by the tax collector in the same manner and 13 time as county taxes and the proceeds therefrom paid to said 14 district. Said tax shall be a lien until paid on the property 15 against which assessed and enforceable in like manner as 16 county taxes. 17 Section 6. Levy of Taxes on Fractional Acres. In 18 levying and assessing all special assessments, each tract or 19 parcel of land less than one acre in area shall be assessed as 20 a full acre, and each tract or parcel of land more than one 21 acre in area which contains a fraction of an acre shall be 22 assessed at the nearest whole number of acres, a fraction of 23 one-half or more to be assessed as a full acre. 24 Section 7. Enforcement of Taxes. The provisions of 25 Sections 298.45 and 298.46, Florida Statutes, and amendments 26 thereto, shall not be applicable to said district. In lieu 27 thereof, the following shall apply to said district. 28 The collection and enforcement of all special 29 assessments levied by said district shall be at the same time 30 and in like manner as county taxes, and the provisions of the 31 Florida Statutes relating to the sale of lands for unpaid and 5 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 delinquent taxes, the issuance, sale and delivery of tax 2 certificates for such unpaid and delinquent county taxes, the 3 redemption thereof, the issuance to individuals of tax deeds 4 based thereon, and all other procedure in connection 5 therewith, shall be applicable to said district and the 6 delinquent and unpaid special assessments of said district to 7 the same extent as if said statutory provisions were expressly 8 set forth in this charter. All special assessments shall be 9 subject to the same discounts as county taxes. 10 Section 8. When Unpaid Taxes Delinquent: Penalty. All 11 special assessments provided for in this charter shall be and 12 become delinquent and bear penalties on the amount of said 13 special assessments in the same manner as county taxes. 14 Section 9. Water a Common Enemy. It is hereby 15 determined, declared and enacted that lands in the district in 16 their natural condition are wet and subject to overflow and 17 that the drainage, reclamation and protection of said lands 18 available for agricultural, settlement, urban and subdivision 19 purposes by drainage, reclamation and improvement, and the 20 creation of said district with the powers vested in it by this 21 charter, are in the interest of and conducive to public 22 welfare, health and convenience. It is further declared that 23 in said district, surface waters, including rainfall are a 24 common enemy, and the said district and any individual or 25 agency holding a permit to do so from said district, shall 26 have the right to dike, dam and construct levees to protect 27 the said district or any part thereof, or the property of said 28 individual or agency against the same, and thereby divert the 29 course and flow of such surface water and/or pump the water 30 from within such dikes and levees. 31 Section 10. Unit Districts. The board of supervisors 6 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 of Sunshine Water Control District is authorized in its 2 discretion to drain and reclaim or more completely and 3 intensively to drain and reclaim the lands in said district by 4 designated areas or parts of said district to be called 5 "units." The units into which said district may be so divided 6 shall be given appropriate numbers or names by said board of 7 supervisors, so that said units may be readily identified and 8 distinguished. The board of supervisors shall have the power 9 to fix and determine the location, area and boundaries of said 10 lands to be included in each and all such units, the order of 11 development thereof, and the method of carrying on the work in 12 each unit. The unit system of drainage provided by this 13 section may be conducted and all of the proceedings by this 14 section and this charter authorized in respect to such unit or 15 units may be carried on and conducted at the same time as or 16 after the work of draining and reclaiming of the entire 17 district has been or is being or shall be instituted or 18 carried on under the provisions of this charter or under 19 Chapter 298, Florida Statutes, or both. If the board of 20 supervisors shall determine that it is advisable to conduct 21 the work of draining and reclaiming the lands in the district 22 by units, the board shall, by resolution, declare its purpose 23 to conduct such work accordingly, and shall fix the number, 24 location and boundaries of and description of lands within 25 such unit or units and give them appropriate numbers or names. 26 The entire district may also be designated as a unit for the 27 proper allocation of such part of the plan of reclamation and 28 drainage as benefits the entire district. As soon as 29 practicable after the adoption and recording of such 30 resolution said board of supervisors shall publish notice once 31 a week for two consecutive weeks in a newspaper published in 7 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 Broward County, Florida, briefly describing the units into 2 which said district has been divided and the lands embraced in 3 each unit, giving the name, number or other designation of 4 such units, requiring all owners of lands in said district to 5 show cause in writing before said board of supervisors at a 6 time and place to be stated in such notice why such division 7 of said district into such units should not be approved, and 8 said system of development by units should not be adopted and 9 given effect by said board, and why the proceedings and powers 10 authorized by this section of this charter should not be had, 11 taken and exercised. At the time and place stated in said 12 notice, said board of supervisors shall hear all objections or 13 causes of objection (all of which shall be in writing) of any 14 landowner in said district to the matters mentioned and 15 referred to in such notice, and if no objections are made, or 16 if said objections, if made, shall be overruled by said board, 17 then said board shall enter in its minutes its findings and an 18 order confirming said resolutions, and may thereafter proceed 19 with the development, drainage and reclamation of said 20 district by units pursuant to such resolution and to the 21 provisions of this charter. The board of supervisors may, as a 22 result of any objections or of matters brought forth at the 23 hearing, modify or amend such resolution in whole or in part, 24 confirm said resolution after overruling all objections, or 25 reject said resolution, and if confirmed or modified or 26 amended, may proceed thereafter in accordance with said 27 resolution as confirmed, modified or amended. The sustaining 28 of such objections and the rescinding of such resolutions 29 shall not exhaust the power of said board under this section; 30 but, at any time not less than one year after the date of the 31 hearing upon any such resolution, the board of supervisors may 8 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 adopt other resolutions under this section and thereupon 2 proceed on due notice in like manner as above. If said board 3 of supervisors shall overrule or refuse to sustain any such 4 objections in whole or in part made by any landowner in the 5 district, or if any such landowner shall deem himself or 6 herself aggrieved by any action of the board of supervisors in 7 respect to any objection so filed, such landowner may, within 8 twenty days after the ruling of said board, invoke the 9 jurisdiction of a court having jurisdiction over the merits of 10 the claim. When said resolutions creating said unit system 11 shall be confirmed by the board of supervisors (or by a court 12 of competent jurisdiction, if such proposed action shall be 13 challenged by a landowner by the judicial proceedings 14 hereinabove authorized), said board of supervisors may adopt a 15 plan or plans of reclamation for and in respect to any or all 16 such units, and to have the benefits and damages resulting 17 therefrom assessed and apportioned by commissioners appointed 18 by the circuit court, and the report of the said commissioners 19 considered and confirmed, all in like manner as is provided by 20 law in regard to plans of reclamation for and assessments for 21 benefits and damages of the entire district. With respect to 22 the plan of reclamation, notices, appointment of commissioners 23 to assess benefits and damages, report of commissioners and 24 notice and confirmation thereof, the levy of assessments and 25 taxes, including maintenance taxes, and the issuance of bonds 26 and all other proceedings as to each and all of such units, 27 said board shall follow and comply with the same procedure as 28 is provided by law with respect to the entire district; and 29 said board of supervisors shall have the same powers in 30 respect to each and all of such units as is vested in them 31 with respect to the entire district. All the provisions of 9 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 this charter shall apply to the drainage, reclamation and 2 improvement of each, any and all of such units, and the 3 enumeration of or reference to specific powers or duties of 4 the supervisors or any other officers or other matters in this 5 charter as hereinabove set forth shall not limit or restrict 6 the application of any and all of the proceedings and powers 7 herein to the drainage and reclamation of such units as fully 8 and completely as if such unit or units were specifically and 9 expressly named in every section and clause of this charter 10 where the entire district is mentioned or referred to. All 11 assessments, levies, taxes, bonds and other obligations made, 12 levied, assessed or issued for or in respect to any such unit 13 or units shall be a lien and charge solely and only upon the 14 lands in such unit or units, respectively, for the benefit of 15 which the same shall be levied, made or issued, and not upon 16 the remaining units or lands in said district. The board of 17 supervisors may at any time amend its said resolutions by 18 changing the location and description of lands in any such 19 unit or units; and provided, further, that if the location of 20 or description of lands located in any such unit or units is 21 so changed, notice of such change shall be published as 22 hereinabove required in this section for notice of the 23 formation or organization of such unit or units, and all 24 proceedings shall be had and done in that regard as are 25 provided in this section for the original creation of such 26 unit or units; provided, however, that no lands against which 27 benefits shall have been assessed may be detached from any 28 such unit after the confirmation of the commissioners' report 29 of benefits in such unit or units or the issuance of bonds or 30 other obligations which are payable from taxes or assessments 31 for benefits levied upon the lands within such unit or units. 10 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 Provided, however, that if, after the confirmation of 2 the commissioners' report of benefits in such unit or units, 3 or the issuance of bonds or other obligations which are 4 payable from taxes or assessments for benefits levied upon 5 lands within such unit or units, the board of supervisors 6 finds the plan of reclamation for any such unit or units 7 insufficient or inadequate for efficient development, the plan 8 of reclamation may be amended or changed as provided in this 9 section, by changing the location and description of lands in 10 any such unit or units, by detaching lands therefrom or by 11 adding land thereto, upon the approval of 51 percent of the 12 landowners, according to acreage, in any such unit, either 13 evidenced in writing or voting at a meeting of the landowners 14 duly called pursuant to notice required under Sections 298.11 15 and 298.12, Florida Statutes (for the election of 16 supervisors), at which 51 percent of the landowners shall vote 17 in favor thereof and of all the holders of bonds issued in 18 respect to any such unit, and provided that in such event all 19 assessments, levies, taxes, bonds and other obligations made, 20 levied, assessed, incurred or issued for or in respect to any 21 such unit or units may be allocated and apportioned to the 22 amended unit or units in proportion to the benefits assessed 23 by the commissioners' report for the amended plan of 24 reclamation and said report shall specifically provide for 25 such allocation and apportionment. The landowners and all of 26 the bondholders shall file their approval of or objections to 27 such amended plan of reclamation within the time provided in 28 Section 298.27, Florida Statutes, and shall file their 29 approval of or objections to the amendment of such unit as 30 provided in this section. 31 No lands shall be detached from any unit after the 11 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 issuance of bonds or other obligations for such unit except 2 upon the consent of all the holders of such bonds or other 3 obligations. In the event of the change of the boundaries of 4 any unit as provided herein and the allocation and 5 apportionment to the amended unit or units of assessments, 6 levies, taxes, bonds and other obligations in proportion to 7 the benefits assessed by the commissioners' report for the 8 amended plan of reclamation, the holder of bonds or other 9 obligations heretofore issued for the original unit who 10 consent to such allocations and apportionment shall be 11 entitled to all rights and remedies against any lands added to 12 the amended unit or units as fully and to the same extent as 13 if such added lands had formed and constituted a part of the 14 original unit or units at the time of the original issuance of 15 such bonds or other obligations, and regardless of whether the 16 holders of such bonds or other obligations are the original 17 holders thereof or the holders from time to time hereafter, 18 and the rights and remedies of such holders against the lands 19 in the amended unit or units, including any lands added 20 thereto, under such allocation and apportionment, shall 21 constitute vested and irrevocable rights and remedies to the 22 holders from time to time of such bonds or other obligations 23 as fully and to the same extent as if such bonds or other 24 obligations had been originally issued to finance the 25 improvements in such amended unit or units under such amended 26 plan of reclamation. Conversely, in the event of the change of 27 the boundaries of any unit wherein lands are detached 28 therefrom with the consent of all the holders of such bonds or 29 other obligations, then and in that event said lands so 30 detached shall be relieved and released from any further 31 liability for the assessment, levy or payment of any taxes for 12 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 the purpose of paying the principal or interest on any bonds 2 originally issued for the original unit from which said lands 3 were detached. 4 Section 11. Future Changes in Plan of Reclamation and 5 Drainage of District or Individual Units. After the initial 6 adoption by the board of supervisors of said plan or plans of 7 reclamation and drainage of the entire district or units 8 thereof, said plan or plans may be modified from time to time 9 in the future, in whole or in part, in accordance with the 10 changing character from time to time of the use of the lands 11 in said district, in the manner hereinabove provided for; 12 provided, however, that said plan or plans of reclamation or 13 drainage shall not be changed or modified more often than once 14 every five years in any manner as will increase the 15 assessments to be assessed against the land or the taxes 16 levied against the land or modify the security of the bonds 17 outstanding; provided, however, that this shall not affect 18 technical changes or modifications of said plan or plans of 19 reclamation or drainage approved by the district's engineers 20 as will not affect the assessed benefits, levy of taxes or 21 security of the bondholders, as changes or modifications of 22 this type may be made at any time; provided, further that said 23 limitation of five years shall not apply to any plan or plans 24 of reclamation or drainage of the district or any unit thereof 25 established under the provisions of this charter, if the same 26 is adopted by resolution of the board of supervisors of the 27 district, within two years of the time when this charter 28 becomes a law. 29 Section 12. Application to Existing District, 30 Boundaries, Plan of Reclamation and Drainage, etc. The powers 31 hereinabove vested in the board of supervisors of Sunshine 13 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 Water Control District shall apply to the presently existing 2 district, the presently existing boundaries thereof or as the 3 boundaries may be extended as authorized by law, and the 4 present plan of reclamation and drainage together with any 5 assessment of benefits which may be approved by the circuit 6 court of Broward County, Florida, and the boundaries of said 7 district and the plan of reclamation and drainage and the 8 assessment and levying of taxes for carrying out said plan of 9 reclamation and drainage and for the maintenance and operation 10 thereof, may be changed in whole or in part as units, or, with 11 reference to the entire district, in accordance with the 12 provisions of this charter. 13 Section 4. Severability. In case any one or more of 14 the sections or provisions of this act or the application of 15 such sections or provisions to any situations, circumstances 16 or person shall for any reason be held to be unconstitutional, 17 such unconstitutionality shall not affect any other sections 18 or provisions of this act or the applications of such sections 19 or provisions to any other situation, circumstances or person, 20 and it is intended that this law shall be construed and 21 applied as if such section or provision had not been included 22 herein for any unconstitutional application. 23 Section 5. Effect of Conflict. In the event of a 24 conflict between the provisions of this act and the provisions 25 of any other act, the provisions of this act shall control to 26 the extent of such conflict. 27 Section 6. Notice of Intention. It is found and 28 determined that a notice of intention to apply for this 29 legislation was given in the time, form and manner required by 30 the constitution and by law. Said notice is found to be 31 sufficient and is hereby validated and approved. 14 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707
HOUSE AMENDMENT Bill No. HB 837 Amendment No. 01 (for drafter's use only) 1 Section 7. Chapter 63-609, Laws of Florida, is 2 repealed. 3 Section 8. This act shall take effect upon becoming a 4 law. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 remove from the title of the bill: entire title 10 11 and insert in lieu thereof: 12 A bill to be entitled 13 An act relating to Broward County; providing 14 for codification of special laws regarding 15 special districts pursuant to section 189.429, 16 F.S., relating to the Sunshine Water Control 17 District; a special district in Broward County; 18 providing legislative intent; amending, 19 repealing, codifying, and reenacting the 20 special act related to the district; declaring 21 the District to be an independent special 22 district; providing a district charter; 23 providing an effective date. 24 25 26 27 28 29 30 31 15 File original & 9 copies 04/26/01 hca0002 01:11 pm 00837-0096-614707