House Bill hb0837e1

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                                           HB 837, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for codification of special laws regarding

  4         special districts pursuant to section 189.429,

  5         F.S., relating to the Sunshine Water Control

  6         District; a special district in Broward County;

  7         providing legislative intent; amending,

  8         repealing, codifying, and reenacting the

  9         special act related to the district; declaring

10         the District to be an independent special

11         district; providing a district charter;

12         providing an effective date.

13

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

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16         Section 1.  Pursuant to section 189.429, Florida

17  Statutes, this act constitutes the codification of all special

18  acts relating to the Sunshine Water Control District, an

19  independent special district in Broward County, Florida.  It

20  is the intent of the Legislature in enacting this law to

21  provide a single, comprehensive special act charter for the

22  district, including all current legislative authority granted

23  to the district by its legislative enactments.

24         Section 2.  Chapter 63-609, Laws of Florida, relating

25  to the Sunshine Water Control District, is codified,

26  reenacted, amended, and repealed as herein provided.

27         Section 3.  The Charter for the Sunshine Water Control

28  District is re-created and reenacted to read:

29         Section 1.  Creation of the District, and Boundaries

30  Ratified and Approved. The decree of the circuit court in and

31  for the 15th judicial circuit, Broward County, Florida,


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                                           HB 837, First Engrossed



  1  entered in chancery No. 62-4596-F, on the 23rd day of January,

  2  1963, creating and incorporating the Sunshine Water Control

  3  District as a public corporation of this state, and all

  4  subsequent proceedings taken in said circuit court concerning

  5  said district are ratified, confirmed and approved.

  6         Section 2.  Provisions of Chapter 298, Florida

  7  Statutes, Made Applicable. The Sunshine Water Control

  8  District, an independent special district and public

  9  corporation of this state, created under Chapter 298, Florida

10  Statutes, shall be governed by provisions of the general

11  drainage laws of Florida applicable to drainage districts or

12  sub-drainage districts that are embodied in Chapter 298,

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

14  existing or hereinafter enacted, so far as not inconsistent

15  with this charter or any subsequent special acts relating to

16  Sunshine Water Control District, except those portions of

17  Sections 298.11, 298.12, and 298.14, Florida Statutes,

18  pertaining to how the members of the board of supervisors are

19  elected and to board of supervisors meetings, which shall be

20  as provided for herein. In lieu thereof, the following

21  provisions shall apply to the district:

22         (1)  The board of supervisors shall consist of five

23  elected members. The five candidates receiving the highest

24  number of votes cast at a special election conducted by the

25  Supervisor of Elections shall be elected to the board. Elected

26  members of the board of supervisors shall be residents of the

27  district.

28         (2)  Commencing upon the expiration of the terms of the

29  existing board members, all subsequent board members shall

30  meet the requirements provided for herein and shall be elected

31  as provided for herein. Existing board members' terms shall be


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                                           HB 837, First Engrossed



  1  extended to November of the year in which their term expires.

  2  In November 2002, the two new board members shall be selected

  3  or elected as provided for herein. Board members to be elected

  4  shall be elected at an election conducted by the Supervisor of

  5  Elections on the first Tuesday in November of the year when

  6  the board member's term expires. The costs of such elections

  7  shall be paid for by the district.

  8         (3)  The board shall establish a regular meeting date

  9  each month and shall meet no less than one time each month.

10  However, the board may decide by majority vote to take one

11  month off from meetings each year for a vacation. Meetings of

12  the board shall be held in a public place, and shall be held

13  in accordance with the requirements of chapter 286, Florida

14  Statutes. A majority of the members of the board of

15  supervisors shall constitute a quorum. Special meetings of the

16  board may be called at any time to receive reports of the

17  board or for such other purposes as the board may determine

18  upon 24 hours' notice to board members and to the public by

19  posting at the district office at a public location set aside

20  for notice purposes.

21         Section 3.  Powers of the District. The Sunshine Water

22  Control District shall have in addition to the powers provided

23  for in said Chapter 298, Florida Statutes, the power and

24  authority to construct, improve, pave and maintain roadways

25  and roads necessary and convenient to provide access to and

26  efficient development of areas made suitable and available for

27  the cultivation, settlement, urban subdivision, homesites and

28  other beneficial use and development as a result of the

29  drainage and reclamation operations of the district, including

30  any dedicated to public use within the boundaries of the

31  district.


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                                           HB 837, First Engrossed



  1         Section 4.  Installment Taxes, Levied and Apportioned,

  2  and the Collection Thereof. Taxes shall be levied and

  3  apportioned as provided for in the general drainage laws of

  4  Florida, (Chapter 298, Florida Statutes, and amendments

  5  thereto), except that the provisions of Sections 298.37,

  6  298.38, 298.39, 298.40, and 298.41, Florida Statutes, and

  7  amendments thereto, shall not be applicable to said district.

  8  In lieu thereof, the following provisions shall apply to said

  9  district.

10         The board of supervisors shall determine, order and

11  levy the amount of the annual installments of the total taxes

12  levied under Section 298.36, Florida Statutes, which shall

13  become due and be collected during each year at the same time

14  that county taxes are due and collected, which said annual

15  installment and levy shall be evidenced to and certified by

16  the said board, not later than July 1st of each year, to the

17  property appraiser of Broward County, Florida. Said tax shall

18  be extended by the property appraiser on the county tax roll

19  and shall be collected by the tax collector in the same manner

20  and time as county taxes, and the proceeds thereof paid to

21  said district. Said tax shall be a lien until paid on the

22  property against which assessed, and enforceable in like

23  manner as county taxes.

24         Section 5.  Maintenance Tax. The provisions of Section

25  299.54, Florida Statutes, and amendments thereto, shall not be

26  applicable to said district. In lieu thereof, the following

27  provisions shall apply to said district.

28         To maintain and preserve the improvements made pursuant

29  to this charter and to repair and restore the same, when

30  needed, and for the purpose of defraying the current expenses

31  of the district, the board of supervisors may, upon the


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                                           HB 837, First Engrossed



  1  completion of said improvements, in whole or in part as may be

  2  certified to the said board by the chief engineer, levy

  3  annually a special assessment upon each tract or parcel of

  4  land within the district, to be known as a "maintenance tax."

  5  Said maintenance tax shall be apportioned upon the basis of

  6  the net assessments of benefits assessed as accruing for

  7  original construction, and shall be evidenced to and certified

  8  by said board not later than July 1st of each year, to the

  9  property appraiser of Broward County, Florida, and shall be

10  extended by the property appraiser on the county tax roll and

11  shall be collected by the tax collector in the same manner and

12  time as county taxes and the proceeds therefrom paid to said

13  district. Said tax shall be a lien until paid on the property

14  against which assessed and enforceable in like manner as

15  county taxes.

16         Section 6.  Levy of Taxes on Fractional Acres. In

17  levying and assessing all special assessments, each tract or

18  parcel of land less than one acre in area shall be assessed as

19  a full acre, and each tract or parcel of land more than one

20  acre in area which contains a fraction of an acre shall be

21  assessed at the nearest whole number of acres, a fraction of

22  one-half or more to be assessed as a full acre.

23         Section 7.  Enforcement of Taxes. The provisions of

24  Sections 298.45 and 298.46, Florida Statutes, and amendments

25  thereto, shall not be applicable to said district. In lieu

26  thereof, the following shall apply to said district.

27         The collection and enforcement of all special

28  assessments levied by said district shall be at the same time

29  and in like manner as county taxes, and the provisions of the

30  Florida Statutes relating to the sale of lands for unpaid and

31  delinquent taxes, the issuance, sale and delivery of tax


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                                           HB 837, First Engrossed



  1  certificates for such unpaid and delinquent county taxes, the

  2  redemption thereof, the issuance to individuals of tax deeds

  3  based thereon, and all other procedure in connection

  4  therewith, shall be applicable to said district and the

  5  delinquent and unpaid special assessments of said district to

  6  the same extent as if said statutory provisions were expressly

  7  set forth in this charter. All special assessments shall be

  8  subject to the same discounts as county taxes.

  9         Section 8.  When Unpaid Taxes Delinquent: Penalty. All

10  special assessments provided for in this charter shall be and

11  become delinquent and bear penalties on the amount of said

12  special assessments in the same manner as county taxes.

13         Section 9.  Water a Common Enemy. It is hereby

14  determined, declared and enacted that lands in the district in

15  their natural condition are wet and subject to overflow and

16  that the drainage, reclamation and protection of said lands

17  available for agricultural, settlement, urban and subdivision

18  purposes by drainage, reclamation and improvement, and the

19  creation of said district with the powers vested in it by this

20  charter, are in the interest of and conducive to public

21  welfare, health and convenience. It is further declared that

22  in said district, surface waters, including rainfall are a

23  common enemy, and the said district and any individual or

24  agency holding a permit to do so from said district, shall

25  have the right to dike, dam and construct levees to protect

26  the said district or any part thereof, or the property of said

27  individual or agency against the same, and thereby divert the

28  course and flow of such surface water and/or pump the water

29  from within such dikes and levees.

30         Section 10.  Unit Districts. The board of supervisors

31  of Sunshine Water Control District is authorized in its


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                                           HB 837, First Engrossed



  1  discretion to drain and reclaim or more completely and

  2  intensively to drain and reclaim the lands in said district by

  3  designated areas or parts of said district to be called

  4  "units." The units into which said district may be so divided

  5  shall be given appropriate numbers or names by said board of

  6  supervisors, so that said units may be readily identified and

  7  distinguished. The board of supervisors shall have the power

  8  to fix and determine the location, area and boundaries of said

  9  lands to be included in each and all such units, the order of

10  development thereof, and the method of carrying on the work in

11  each unit. The unit system of drainage provided by this

12  section may be conducted and all of the proceedings by this

13  section and this charter authorized in respect to such unit or

14  units may be carried on and conducted at the same time as or

15  after the work of draining and reclaiming of the entire

16  district has been or is being or shall be instituted or

17  carried on under the provisions of this charter or under

18  Chapter 298, Florida Statutes, or both. If the board of

19  supervisors shall determine that it is advisable to conduct

20  the work of draining and reclaiming the lands in the district

21  by units, the board shall, by resolution, declare its purpose

22  to conduct such work accordingly, and shall fix the number,

23  location and boundaries of and description of lands within

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

25  The entire district may also be designated as a unit for the

26  proper allocation of such part of the plan of reclamation and

27  drainage as benefits the entire district. As soon as

28  practicable after the adoption and recording of such

29  resolution said board of supervisors shall publish notice once

30  a week for two consecutive weeks in a newspaper published in

31  Broward County, Florida, briefly describing the units into


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                                           HB 837, First Engrossed



  1  which said district has been divided and the lands embraced in

  2  each unit, giving the name, number or other designation of

  3  such units, requiring all owners of lands in said district to

  4  show cause in writing before said board of supervisors at a

  5  time and place to be stated in such notice why such division

  6  of said district into such units should not be approved, and

  7  said system of development by units should not be adopted and

  8  given effect by said board, and why the proceedings and powers

  9  authorized by this section of this charter should not be had,

10  taken and exercised. At the time and place stated in said

11  notice, said board of supervisors shall hear all objections or

12  causes of objection (all of which shall be in writing) of any

13  landowner in said district to the matters mentioned and

14  referred to in such notice, and if no objections are made, or

15  if said objections, if made, shall be overruled by said board,

16  then said board shall enter in its minutes its findings and an

17  order confirming said resolutions, and may thereafter proceed

18  with the development, drainage and reclamation of said

19  district by units pursuant to such resolution and to the

20  provisions of this charter. The board of supervisors may, as a

21  result of any objections or of matters brought forth at the

22  hearing, modify or amend such resolution in whole or in part,

23  confirm said resolution after overruling all objections, or

24  reject said resolution, and if confirmed or modified or

25  amended, may proceed thereafter in accordance with said

26  resolution as confirmed, modified or amended. The sustaining

27  of such objections and the rescinding of such resolutions

28  shall not exhaust the power of said board under this section;

29  but, at any time not less than one year after the date of the

30  hearing upon any such resolution, the board of supervisors may

31  adopt other resolutions under this section and thereupon


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                                           HB 837, First Engrossed



  1  proceed on due notice in like manner as above. If said board

  2  of supervisors shall overrule or refuse to sustain any such

  3  objections in whole or in part made by any landowner in the

  4  district, or if any such landowner shall deem himself or

  5  herself aggrieved by any action of the board of supervisors in

  6  respect to any objection so filed, such landowner may, within

  7  twenty days after the ruling of said board, invoke the

  8  jurisdiction of a court having jurisdiction over the merits of

  9  the claim. When said resolutions creating said unit system

10  shall be confirmed by the board of supervisors (or by a court

11  of competent jurisdiction, if such proposed action shall be

12  challenged by a landowner by the judicial proceedings

13  hereinabove authorized), said board of supervisors may adopt a

14  plan or plans of reclamation for and in respect to any or all

15  such units, and to have the benefits and damages resulting

16  therefrom assessed and apportioned by commissioners appointed

17  by the circuit court, and the report of the said commissioners

18  considered and confirmed, all in like manner as is provided by

19  law in regard to plans of reclamation for and assessments for

20  benefits and damages of the entire district. With respect to

21  the plan of reclamation, notices, appointment of commissioners

22  to assess benefits and damages, report of commissioners and

23  notice and confirmation thereof, the levy of assessments and

24  taxes, including maintenance taxes, and the issuance of bonds

25  and all other proceedings as to each and all of such units,

26  said board shall follow and comply with the same procedure as

27  is provided by law with respect to the entire district; and

28  said board of supervisors shall have the same powers in

29  respect to each and all of such units as is vested in them

30  with respect to the entire district. All the provisions of

31  this charter shall apply to the drainage, reclamation and


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                                           HB 837, First Engrossed



  1  improvement of each, any and all of such units, and the

  2  enumeration of or reference to specific powers or duties of

  3  the supervisors or any other officers or other matters in this

  4  charter as hereinabove set forth shall not limit or restrict

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

  6  herein to the drainage and reclamation of such units as fully

  7  and completely as if such unit or units were specifically and

  8  expressly named in every section and clause of this charter

  9  where the entire district is mentioned or referred to. All

10  assessments, levies, taxes, bonds and other obligations made,

11  levied, assessed or issued for or in respect to any such unit

12  or units shall be a lien and charge solely and only upon the

13  lands in such unit or units, respectively, for the benefit of

14  which the same shall be levied, made or issued, and not upon

15  the remaining units or lands in said district. The board of

16  supervisors may at any time amend its said resolutions by

17  changing the location and description of lands in any such

18  unit or units; and provided, further, that if the location of

19  or description of lands located in any such unit or units is

20  so changed, notice of such change shall be published as

21  hereinabove required in this section for notice of the

22  formation or organization of such unit or units, and all

23  proceedings shall be had and done in that regard as are

24  provided in this section for the original creation of such

25  unit or units; provided, however, that no lands against which

26  benefits shall have been assessed may be detached from any

27  such unit after the confirmation of the commissioners' report

28  of benefits in such unit or units or the issuance of bonds or

29  other obligations which are payable from taxes or assessments

30  for benefits levied upon the lands within such unit or units.

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                                           HB 837, First Engrossed



  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.

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                                           HB 837, First Engrossed



  1         No lands shall be detached from any unit after the

  2  issuance of bonds or other obligations for such unit except

  3  upon the consent of all the holders of such bonds or other

  4  obligations. In the event of the change of the boundaries of

  5  any unit as provided herein and the allocation and

  6  apportionment to the amended unit or units of assessments,

  7  levies, taxes, bonds and other obligations in proportion to

  8  the benefits assessed by the commissioners' report for the

  9  amended plan of reclamation, the holder of bonds or other

10  obligations heretofore issued for the original unit who

11  consent to such allocations and apportionment shall be

12  entitled to all rights and remedies against any lands added to

13  the amended unit or units as fully and to the same extent as

14  if such added lands had formed and constituted a part of the

15  original unit or units at the time of the original issuance of

16  such bonds or other obligations, and regardless of whether the

17  holders of such bonds or other obligations are the original

18  holders thereof or the holders from time to time hereafter,

19  and the rights and remedies of such holders against the lands

20  in the amended unit or units, including any lands added

21  thereto, under such allocation and apportionment, shall

22  constitute vested and irrevocable rights and remedies to the

23  holders from time to time of such bonds or other obligations

24  as fully and to the same extent as if such bonds or other

25  obligations had been originally issued to finance the

26  improvements in such amended unit or units under such amended

27  plan of reclamation. Conversely, in the event of the change of

28  the boundaries of any unit wherein lands are detached

29  therefrom with the consent of all the holders of such bonds or

30  other obligations, then and in that event said lands so

31  detached shall be relieved and released from any further


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                                           HB 837, First Engrossed



  1  liability for the assessment, levy or payment of any taxes for

  2  the purpose of paying the principal or interest on any bonds

  3  originally issued for the original unit from which said lands

  4  were detached.

  5         Section 11.  Future Changes in Plan of Reclamation and

  6  Drainage of District or Individual Units. After the initial

  7  adoption by the board of supervisors of said plan or plans of

  8  reclamation and drainage of the entire district or units

  9  thereof, said plan or plans may be modified from time to time

10  in the future, in whole or in part, in accordance with the

11  changing character from time to time of the use of the lands

12  in said district, in the manner hereinabove provided for;

13  provided, however, that said plan or plans of reclamation or

14  drainage shall not be changed or modified more often than once

15  every five years in any manner as will increase the

16  assessments to be assessed against the land or the taxes

17  levied against the land or modify the security of the bonds

18  outstanding; provided, however, that this shall not affect

19  technical changes or modifications of said plan or plans of

20  reclamation or drainage approved by the district's engineers

21  as will not affect the assessed benefits, levy of taxes or

22  security of the bondholders, as changes or modifications of

23  this type may be made at any time; provided, further that said

24  limitation of five years shall not apply to any plan or plans

25  of reclamation or drainage of the district or any unit thereof

26  established under the provisions of this charter, if the same

27  is adopted by resolution of the board of supervisors of the

28  district, within two years of the time when this charter

29  becomes a law.

30         Section 12.  Application to Existing District,

31  Boundaries, Plan of Reclamation and Drainage, etc. The powers


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                                           HB 837, First Engrossed



  1  hereinabove vested in the board of supervisors of Sunshine

  2  Water Control District shall apply to the presently existing

  3  district, the presently existing boundaries thereof or as the

  4  boundaries may be extended as authorized by law, and the

  5  present plan of reclamation and drainage together with any

  6  assessment of benefits which may be approved by the circuit

  7  court of Broward County, Florida, and the boundaries of said

  8  district and the plan of reclamation and drainage and the

  9  assessment and levying of taxes for carrying out said plan of

10  reclamation and drainage and for the maintenance and operation

11  thereof, may be changed in whole or in part as units, or, with

12  reference to the entire district, in accordance with the

13  provisions of this charter.

14         Section 4.  Severability. In case any one or more of

15  the sections or provisions of this act or the application of

16  such sections or provisions to any situations, circumstances

17  or person shall for any reason be held to be unconstitutional,

18  such unconstitutionality shall not affect any other sections

19  or provisions of this act or the applications of such sections

20  or provisions to any other situation, circumstances or person,

21  and it is intended that this law shall be construed and

22  applied as if such section or provision had not been included

23  herein for any unconstitutional application.

24         Section 5.  Effect of Conflict. In the event of a

25  conflict between the provisions of this act and the provisions

26  of any other act, the provisions of this act shall control to

27  the extent of such conflict.

28         Section 6.  Notice of Intention. It is found and

29  determined that a notice of intention to apply for this

30  legislation was given in the time, form and manner required by

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                                           HB 837, First Engrossed



  1  the constitution and by law. Said notice is found to be

  2  sufficient and is hereby validated and approved.

  3         Section 7.  Chapter 63-609, Laws of Florida, is

  4  repealed.

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

  6  law.

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