House Bill hb1359
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
By Representative Harper
1 A bill to be entitled
2 An act relating to the Shawano Water Control
3 District, Palm Beach County; providing for
4 codification of special laws regarding special
5 districts pursuant to section 189.429, Florida
6 Statutes, relating to Shawano Water Control
7 District, a special tax district in Palm Beach
8 County; providing legislative intent;
9 codifying, repealing, amending, and reenacting
10 chapters 11864 (1927), 13579 (1929), 24254
11 (1947), 25328 (1949), 28406 (1953), 57-448,
12 59-636, and 63-863, Laws of Florida; providing
13 for minimum charter requirements; providing
14 district status and boundaries; providing for
15 applicability of chapters 298 and 189, Florida
16 Statutes, and other general laws; providing a
17 district charter; providing for ratification of
18 prior acts; providing for liberal construction;
19 providing a saving clause in the event any
20 provision of the act is deemed invalid;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Pursuant to section 189.429, Florida
26 Statutes, this act constitutes the codification of all special
27 acts relating to the Shawano Water Control District. It is the
28 intent of the Legislature in enacting this law to provide a
29 single, comprehensive special act charter for the District,
30 including all current legislative authority granted to the
31 District by its several legislative enactments and any
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 additional authority granted by this act. It is further the
2 intent to preserve all District authority, including the
3 authority to annually assess and levy taxes or non-ad valorem
4 assessments against all assessable property in the District.
5 Section 2. Chapters 11864 (1927), 13579 (1929), 24254
6 (1947), 25328 (1949), 28406 (1953), 57-448, 59-636, and
7 63-863, Laws of Florida, relating to the Shawano Water Control
8 District, are codified, reenacted, amended, and repealed as
9 herein provided.
10 Section 3. The Shawano Water Control District is
11 re-created, and the charter for the District is re-created and
12 reenacted to read:
13 Section 1. Minimum charter requirements.--In
14 accordance with section 189.404(3), Florida Statutes, the
15 following subsections shall constitute the charter of the
16 Shawano Water Control District:
17 (a) The District is organized and exists for all
18 purposes set forth in this act and chapter 298, Florida
19 Statutes, as they may be amended from time to time, so far as
20 not inconsistent with this act.
21 (b) The powers, functions, and duties of the District
22 regarding non-ad valorem assessments, bond issuance, other
23 revenue-raising capabilities, budget preparation and approval,
24 liens and foreclosure of liens, use of tax deeds and tax
25 certificates as appropriate for non-ad valorem assessments,
26 and contractual agreements shall be as set forth in chapters
27 189, 197, and 298, Florida Statutes, this act, or any other
28 applicable general or special law, as they may be amended from
29 time to time.
30 (c) The District's charter may be amended only by
31 special act of the Legislature.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 (d) In accordance with chapter 11864, Laws of Florida,
2 and subsequent amendatory special acts of the Legislature, the
3 District is governed by a Board of Supervisors. The membership
4 and organization of the Board shall be as set forth in this
5 act and chapter 298, Florida Statutes, as they may be amended
6 from time to time.
7 (e) The compensation of board members shall be
8 governed by this act and chapter 298, Florida Statutes, as
9 they may be amended from time to time.
10 (f) The administrative duties of the Board of
11 Supervisors shall be as set forth in this act and chapter 298,
12 Florida Statutes, as they may be amended from time to time.
13 (g) Requirements for financial disclosure, meeting
14 notices, reporting, public records maintenance, and per diem
15 expenses for officers and employees shall be as set forth in
16 this act, and chapters 112, 119, 189, 286, and 298, Florida
17 Statutes, as they may be amended from time to time.
18 (h) The procedures and requirements governing the
19 issuance of bonds, notes, and other evidence of indebtedness
20 by the District shall be as set forth in chapters 189 and 298,
21 Florida Statutes, and applicable general laws, as they may be
22 amended from time to time.
23 (i) The procedures for conducting District elections
24 and for qualification of electors shall be pursuant to
25 chapters 189 and 298, Florida Statutes, this act, and
26 applicable general laws, as they may be amended from time to
27 time; however, a quorum for purposes of holding the annual
28 meeting or any special meeting shall consist of those
29 landowners present in person or represented by proxy at said
30 meeting.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 (j) The District may be financed by any method
2 established in this act, chapters 189 and 298, Florida
3 Statutes, and applicable general laws, as they may be amended
4 from time to time.
5 (k) The methods for collecting non-ad valorem
6 assessments, fees, or service charges shall be as set forth in
7 chapters 170, 197, and 298, Florida Statutes, and other
8 applicable general laws, as they may be amended from time to
9 time.
10 (l) The District's planning requirements shall be as
11 set forth in chapters 189 and 298, Florida Statutes, as they
12 may be amended from time to time.
13 (m) The District's geographic boundary limitations
14 shall be as set forth in this act.
15 (n) The District shall have all powers provided to it
16 by this act, chapters 189 and 298, Florida Statutes, and other
17 applicable general laws, as they may be amended from time to
18 time.
19 Section 2. Status and boundaries of Shawano Water
20 Control District.--The Shawano Water Control District is
21 hereby declared to be an independent water control district
22 and a public corporation of the State of Florida pursuant to
23 chapter 298, Florida Statutes, as it may be amended from time
24 to time, and the lands lying within the area described as
25 follows in Palm Beach County, Florida, shall hereby constitute
26 the Shawano Water Control District:
27
28 All of Sections 4, 5, 6, 7, 8, 9, 16, 17 and 18
29 of Township 45 South, Range 39 East; and all of
30 Sections 1, 12, 13, 14, 15, 19, 20, 21, 22, 23,
31 25, 26, 28, 28, 29 and 30 of Township 45 South,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 Range 38 East; and all of those portions of
2 Sections 2, 3, and 11 of Township 45 South,
3 Range 38 lying Northeast of the centerline of
4 the Hillsboro Canal; and all of those portions
5 of Sections 19, 24 and 30 of Township 45 South,
6 Range 38 East lying Southwest of the centerline
7 of the Hillsboro Canal.
8
9 Section 3. Powers of the District.--Said District
10 shall have the power to sue and be sued by its name in any
11 court of law or in equity, to make contracts, to adopt and use
12 a corporate seal and to alter the same at pleasure; to acquire
13 by purchase, gift, or condemnation real and personal property,
14 either or both, within or without the District, and to convey
15 and dispose of such real and personal property, either or
16 both, as may be necessary or convenient to carry out the
17 purposes, or any of the purposes, of this act and chapter 298,
18 Florida Statutes; to construct, operate, and maintain canals,
19 ditches, drains, levees, and other works for drainage and
20 water control purposes; to acquire, purchase, operate, and
21 maintain pumps, plants, and pumping systems for drainage and
22 water control purposes; to construct, operate, and maintain
23 irrigation works, machinery, and plants; to construct,
24 improve, pave, and maintain roadways and roads necessary and
25 convenient for the exercise of the powers or duties or any of
26 the powers or duties of said District or the Supervisors
27 thereof; to borrow money and issue negotiable or other bonds
28 of said District as hereinafter provided; to borrow money,
29 from time to time, and issue negotiable or other notes of said
30 District therefor, bearing interest at the rate as provided by
31 general law, in anticipation of the collection of taxes,
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 levies, and assessments or revenues of said District, and to
2 pledge or hypothecate such taxes, levies, assessments, and
3 revenues to secure such bonds, notes, or obligations, and to
4 sell, discount, negotiate, and dispose of the same; and to
5 exercise all other powers necessary, convenient, or proper in
6 connection with any of the powers or duties of said District
7 stated in this act. The powers and duties of said District
8 shall be exercised by the Board of Supervisors thereof, which
9 Board shall have the authority to employ engineers, attorneys,
10 agents, employees, and representatives as the Board of
11 Supervisors may from time to time determine, and to fix their
12 compensation and duties.
13 Section 4. Board of Supervisors; election,
14 organization, powers, duties, and terms of office.--There is
15 hereby created a Board of Supervisors of Shawano Water Control
16 District which shall be the governing body of said District.
17 Said Board of Supervisors shall consist of three persons who,
18 except as herein otherwise provided, shall hold office for the
19 term of 3 years and until their successors shall be duly
20 elected and qualified. Notice of a special meeting of
21 landowners for the purpose of electing the Board of
22 Supervisors shall be given by causing publication thereof to
23 be made once a week for 2 consecutive weeks prior to such
24 meeting, in some newspaper published in Palm Beach County.
25 Such special meeting of landowners shall be held in some
26 public place in Palm Beach County, and the place, date, and
27 hour of holding such meeting and the purpose thereof shall be
28 stated in the notice. The landowners when assembled shall
29 organize by electing a chair who shall preside at the meeting
30 and a secretary thereof. At such meeting, each and every acre
31 of land in the District shall represent one share and each
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 owner shall be entitled to one vote by person or by written
2 proxy for every acre of land owned by him or her in the
3 District. The person receiving the highest number of votes for
4 such Supervisor shall be declared and elected as such
5 Supervisor.
6 Each year during the month of June, a Supervisor shall
7 be elected, as hereinafter provided, by the landowners of said
8 District to take the place of a retiring Supervisor, hearing
9 reports and considering any matters upon which the Board may
10 request the advice and view of the landowners. All vacancies
11 or expirations on said Board shall be filled as required by
12 this act. The Supervisors of said Shawano Water Control
13 District need not be residents of said District or of the
14 State of Florida, and they may or may not be owners of lands
15 or property within said District. In case of a vacancy in the
16 office of any Supervisor, the remaining Supervisors may fill
17 such vacancy until the next annual meeting of the landowners,
18 when his or her successor shall be elected by the landowners
19 for the unexpired term. As soon as practicable after their
20 election, the Board of Supervisors of said District shall
21 organize by choosing one of their number president of said
22 Board of Supervisors and by electing some suitable person
23 secretary, who may or may not be a member of said Board. The
24 Secretary shall be required to execute a bond for the faithful
25 performance of his or her duties in such penal amount as the
26 Board may determine. The Board of Supervisors shall adopt a
27 seal which shall be the seal of said District. At each annual
28 meeting of the landowners of the District, the Board of
29 Supervisors shall report all work undertaken or completed
30 during the preceding year, and the status of the finances of
31 the District.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 All Supervisors shall hold office until their
2 successors shall be elected and qualified. Whenever any
3 election shall be authorized or required by this act to be
4 held by the landowners at any particular or stated time or
5 day, and if for any reason such election shall not or cannot
6 be held at such time or on such day, then in such event and in
7 all and every such event, the power or duty to hold such
8 election shall not cease or lapse, but such election shall be
9 held thereafter as soon as practicable and consistent with
10 this act.
11 Section 5. Supervisors to take oath.--Each Supervisor
12 before entering upon his or her official duties shall take and
13 subscribe to an oath before some officer authorized by law to
14 administer oaths that he or she will honestly, faithfully, and
15 impartially perform the duties devolving upon him or her in
16 office as Supervisor of the Shawano Water Control District to
17 which he or she was elected or appointed, and that he or she
18 will not neglect any of the duties imposed upon him or her by
19 this act.
20 Section 6. Compensation of Board.--Each Supervisor
21 shall be paid for his or her services as set forth in chapter
22 298, Florida Statutes, and he or she shall be paid 10 cents
23 per mile for each mile actually traveled in going to and from
24 their place of residence to the place of meeting.
25 Section 7. Meetings of landowners; election of
26 Supervisors.--The Board of Supervisors shall have the power to
27 call special meetings of the landowners at any time to receive
28 reports of the Board of Supervisors or consider and act upon
29 any matter upon which the Board of Supervisors may request
30 advice. Notice of all meetings of the landowners shall be
31 given by the Board of Supervisors by causing publication
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 thereof to be made for 2 consecutive weeks prior to such
2 meeting in some newspaper published in Palm Beach County. The
3 meetings of the landowners shall be held in some public place
4 in said county, and the place, day, and hour of holding such
5 meetings shall be stated in the notice. The landowners when
6 assembled shall organize by electing a chair who shall preside
7 at the meeting. The Secretary of the Board of Supervisors
8 shall be the secretary of such meeting. At all such meetings
9 each and every acre of land in the District shall represent
10 one share, and each owner shall be entitled to one vote in
11 person or by written proxy for every acre of land owned by him
12 or her in the District. The person receiving the highest
13 number of votes for Supervisor shall be declared and elected
14 as such Supervisor.
15 The Trustees of the Internal Improvement Fund of
16 Florida may represent and vote in respect to all lands
17 belonging to the State of Florida or the Trustees of the
18 Internal Improvement Fund of Florida, and they shall have the
19 right to vote for Supervisors and upon all other matters that
20 may come before any such meetings of the landowners to the
21 extent of the acreage in such District owned by the State of
22 Florida or the Trustees of the Internal Improvement Fund, upon
23 the same basis of one vote for each acre of land as prescribed
24 in this act for private landowners in said District. The votes
25 to be cast by said Trustees of the Internal Improvement Fund
26 may be cast by any member of said Trustees or by any person
27 holding a proxy or proxies from said Trustees. Guardians may
28 represent their wards, executors and administrators may
29 represent the estates of deceased persons, trustees may
30 represent lands held by them in trust, and private
31 corporations may be represented by their officers or duly
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 authorized agents. Guardians, executors, administrators,
2 trustees, and corporations may vote by proxy.
3 Section 8. Powers given Supervisors to effect
4 reclamation of District.--In addition to the powers as set
5 forth in chapter 298, Florida Statutes, the Board of
6 Supervisors is hereby authorized and empowered to clean out,
7 straighten, open up, widen, or change the course and flow,
8 alter or deepen any canal, ditch, drain, river, water course,
9 or natural stream; to concentrate, divert, or divide the flow
10 of water in or out of said District; to construct and maintain
11 main and lateral ditches, canals, levees, dikes, dams,
12 sluices, revetments, reservoirs, holding basins, flood ways,
13 pumps, pumping stations, pipes, and syphons, and may connect
14 the same or any of them with any canals, drains, ditches,
15 levees, or other works that may have been heretofore or which
16 may be hereafter constructed by the Trustees of the Internal
17 Improvement Fund or by the State of Florida, and with any
18 natural stream, lake, or water course in or adjacent to said
19 District; to build and construct any other works and
20 improvements deemed necessary to preserve and maintain the
21 works in or out of said District; to construct or enlarge or
22 cause to be constructed or enlarged any and all bridges that
23 may be needed in or out of said District, across any drain,
24 ditch, canal, flood way, holding basin, excavation, public
25 highway, railroad right-of-way, track, grade, fill, or cut; to
26 construct roadways over levees and embankments; to construct
27 any and all of said works and improvements across, through, or
28 over any public highway, railroad right-of-way, track, grade,
29 fill, or cut in or out of said District; to remove any fence,
30 building, or other improvements in or out of said District;
31 and to hold, control, and acquire by donation or purchase and,
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 if need be, by condemnation, any land, easement, railroad
2 right-of-way, sluice, reservoir, holding basin, pumping
3 systems, or franchise in or out of said District for
4 rights-of-way, holding basins, or any of the purposes herein
5 provided, or for material to be used in constructing and
6 maintaining said works and improvements for draining,
7 protecting, and reclaiming the lands in said District. So far
8 as may be necessary to the drainage of said District or the
9 works and improvements constructed, operated, or maintained by
10 said Board of Supervisors, said Board may open, improve,
11 construct, and maintain roads and hard surfaced highways in
12 said District. Said Board of Supervisors shall also have the
13 right to condemn or acquire by purchase or grant for the use
14 of the District any land or property within or without said
15 District not acquired or condemned by the court on report of
16 the Commissioners assessing benefits and damages, and may
17 follow the procedure that is now provided by law for the
18 appropriation of land or other property taken for railroad
19 rights-of-way in case of condemnation. The Board of
20 Supervisors of said District shall have the power to buy and
21 pay for any canals, dikes, levees, pumps, plants, pumping
22 systems, or other drainage or reclamation works, machinery, or
23 plants placed or constructed, or being placed and constructed,
24 in said District by any private person or corporation which
25 may, in the opinion of said Board, be useful or convenient in
26 the execution of the Water Control Plan, or any part thereof,
27 and may execute the warrants, notes, or other evidences of
28 indebtedness of said District in payment thereof in whole or
29 in part. Said Board of Supervisors shall have full power and
30 authority to build, construct, install, excavate, complete,
31 operate, and maintain any and all works and improvements
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 needed to carry out, maintain, protect, and give effect to
2 said Water Control Plan.
3 Section 9. Eminent domain.--The said Board of
4 Supervisors is hereby authorized and empowered to exercise the
5 right of eminent domain and may condemn for the use of said
6 District any and all lands, easements, rights-of-way, riparian
7 rights, and property rights of every description, in or out of
8 said District, required for the public purposes and powers of
9 said Board as herein granted, and may enter upon, take, and
10 use such lands as it may deem necessary for such purposes.
11 Section 10. Grant of rights-of-way, etc., through
12 state lands.--The State of Florida hereby grants unto said
13 Shawano Water Control District f/k/a Brown Drainage District
14 all necessary easements, rights-of-way, and other rights
15 required for the execution of said Water Control Plan or for
16 the exercise of the powers and public purposes of said
17 District over, upon, and across all lands vested in the State
18 of Florida or in the Trustees of the Internal Improvement Fund
19 of the State of Florida.
20 Section 11. Powers of Supervisors to carry out the
21 Water Control Plan; engineer to be superintendent of works;
22 method of letting contracts.--The Board of Supervisors of said
23 District shall have full power and authority to build,
24 construct, excavate, and complete any and all works and
25 improvements which may be needed to carry out, maintain, and
26 protect the Water Control Plan. To accomplish that end, the
27 said Board of Supervisors are hereby authorized and empowered
28 to employ personnel and to purchase machinery, employ
29 personnel to operate same and directly have charge of and
30 construct the works and improvements in such manner, or by use
31 of other or more efficient means than provided for in the
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 plans adopted. They may, at their discretion, let the contract
2 for such works and improvements either as a whole or in parts
3 or sections, and when such contract or contracts are let, they
4 shall be advertised and let to the lowest and best bidder, who
5 shall give a good and approved bond, with ample security,
6 conditioned that he or she will well and promptly carry out
7 the contract for such work and improvements, which contract
8 shall be in writing and to which shall be attached and made a
9 part thereof complete plans and specifications of the work to
10 be done and improvements to be made under such contract, which
11 plans and specifications shall be prepared by the District
12 Engineer and shall be incorporated in and attached to the
13 contract. The contract shall be prepared by the attorney for
14 the District and approved by the Board of Supervisors and
15 signed by its president and the contractor, and executed in
16 duplicate. The District Engineer shall be the superintendent
17 of all the works and improvements, and shall, at least once
18 each year and when required, make a full report to said Board
19 of all work done and improvements made, and make suggestions
20 and recommendations to the Board as he or she may deem proper.
21 Section 12. Uniform acreage tax for payment of
22 expenses.--Pursuant to section 298.349, Florida Statutes, the
23 District may levy upon each and every acre of land within a
24 newly created unit of development within said Shawano Water
25 Control District as bounded and defined in this act a uniform
26 initial assessment of $50 per acre to be used by said
27 District, through its said Board of Supervisors, for the
28 purpose of paying expenses incurred or to be incurred in
29 making surveys of the lands in said District, assessing
30 District Administrator benefits and damages and other expenses
31 necessarily incurred, as estimated or determined by said Board
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 of Supervisors, before said Board of Supervisors collects or
2 receives funds under the subsequent provisions of this act.
3 Said assessment shall be a lien upon the lands in said
4 District from the date of the creation of the new unit of
5 development and shall be collected in the same manner as the
6 annual installment of taxes. If it shall appear to the Board
7 of Supervisors to be necessary to obtain funds to pay any
8 expenses incurred or to be incurred in organizing said
9 District, making said surveys, preparing the Water Control
10 Plan, or other expenses of the conduct and operation of said
11 District before a sufficient sum can be obtained by the
12 collection of the acreage tax levied by this section, said
13 Board of Supervisors may borrow a sufficient sum of money for
14 any of said purposes at a rate of interest as provided by
15 general law, and may issue negotiable notes or bonds therefor
16 signed by the members of said Board of Supervisors, and may
17 pledge any and all assessments of said acreage tax levied
18 under the provisions of this section for the repayment
19 thereof. Said Board of Supervisors may issue to any person or
20 persons performing work or services or furnishing anything of
21 value in the organization of said District or making surveys
22 of the same and assessing benefits or damages or preparing
23 said Water Control Plan and other expenses necessarily
24 incurred before the receipt of funds arising from assessments
25 or benefits, negotiable evidence of debt bearing interest at
26 the rate as provided by general law.
27 Section 13. Taxes levied and apportioned.--The Board
28 of Supervisors shall, without unnecessary delay, levy a tax of
29 such portion of such benefits on all lands in the District to
30 which benefits have been assessed as may be found necessary by
31 the Board of Supervisors to pay the cost of the completion of
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 the proposed works and improvements as shown in said Water
2 Control Plan, and in carrying out the object of said District,
3 and in addition thereto 25 percent of said total amount for
4 emergencies. The said tax shall be apportioned to and levied
5 on each tract of the lands in said District in proportion to
6 the benefits as assessed and not in excess thereof. In case
7 bonds are issued as provided hereinafter, then the amount of
8 the interest (as estimated by said Board of Supervisors) which
9 will accrue on such bonds shall be included and added to the
10 said tax, but the interest to accrue on account of the issuing
11 of said bonds shall not be construed as a part of the cost of
12 construction in determining whether or not the expenses and
13 costs of making said improvements are or are not equal to or
14 in excess of the benefits assessed. All lands in said District
15 now or hereafter belonging to the Trustees of the Internal
16 Improvement Fund of Florida shall be assessed to, and all
17 taxes, levies, and assessments thereon (including taxes
18 assessed for preliminary work and expenses and maintenance
19 taxes as provided in this act) shall be paid by said Trustees
20 of the Internal Improvement Fund out of any funds now or
21 hereafter in the hands or possession of said Trustees or which
22 may be obtained from the sale of any lands belonging to said
23 Internal Improvement Fund or which may be appropriated by the
24 Legislature of the State of Florida for the payment of
25 drainage taxes upon the lands of said Fund; and all such
26 taxes, levies, and assessments made, levied, or assessed under
27 this act or any section or provision thereof, shall be a lien
28 upon and may be enforced and collected from and against the
29 lands of said Trustees of the Internal Improvement Fund of
30 Florida in said Shawano Drainage District to the same extent
31 and in like manner and with the same effect and as fully as if
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 such lands were owned by a private individual. The Secretary
2 of the Board of Supervisors, as soon as said total tax is
3 levied shall, at the expense of the District, prepare a list
4 of all taxes levied and the same shall thereafter become a
5 permanent record in the office of the Secretary.
6 Section 14. Attorney to be employed.--The Board of
7 Supervisors shall employ an attorney or attorneys to act for
8 the District and to advise said Board. Such employment shall
9 be evidenced by an agreement in writing, which as far as
10 possible shall specify the exact amount to be paid to said
11 attorney for all services and expenses. Such attorney shall
12 conduct all legal proceedings and suits in court where the
13 District is a party or interested, and shall in all legal
14 matters advise the Board of Supervisors, all officers,
15 employees, or agents of said District and Board, and generally
16 look after and attend to all matters of a legal nature for
17 said Board and District. When the said Board may deem it
18 necessary they may, by and with the advice of said attorney,
19 and under the like terms and conditions as above set forth,
20 employ a consulting and other attorney or attorneys.
21 Section 15. Bridges to be approved by District
22 Engineer.--All bridges contemplated by this act, and all
23 enlargements of bridges already in existence, shall be built
24 and enlarged according to and in compliance with the plans,
25 specifications, and orders made or approved by the District
26 Engineer. If any such bridge shall belong to any corporation,
27 or be needed over a public highway or right-of-way of any
28 corporation, the Secretary of said Board of Supervisors shall
29 give such corporation notice by delivering to its agent or
30 officer, in the county wherein said District is situated, a
31 copy of the order of the Board of Supervisors of said
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 District, declaring the necessity for the construction or
2 enlargement of said bridge. A failure to construct or enlarge
3 such bridge within the time specified in such order shall be
4 taken as a refusal to do said work by said corporation, and
5 thereupon the said Board of Supervisors shall proceed to let
6 the work of constructing or enlarging the same at the expense
7 of the corporation for the cost thereof, which costs shall be
8 collected by said Board of Supervisors from said corporation
9 by suit therefor, if necessary. But before said Board of
10 Supervisors shall let such work it shall give some agent or
11 officer of said corporation, now authorized by the laws of
12 this state to accept service of summons, or upon whom service
13 of summons for said corporation might be made, at least 20
14 days' actual notice of the time and place of letting such
15 work. Any owner of land within or without the District may, at
16 his or her own expense, and in compliance with the terms of
17 this act, construct a bridge across any drain ditch, canal, or
18 excavation in or out of said District. Said Drainage District
19 shall have full authority to construct and maintain any ditch
20 or lateral provided in its Water Control Plan across any of
21 the public highways of this state, without proceedings for the
22 condemnation of the same, or being liable for damages
23 therefor. Within 10 days after a dredge boat or any other
24 excavating machine shall have completed a ditch across any
25 public highway, a bridge shall be constructed and maintained
26 over such drainage ditch where the same crosses such highway;
27 provided, however, the word "corporation," as used in this
28 section, shall not apply to counties.
29 Section 16. No change of venue allowed.--No change of
30 venue shall be allowed in any of the proceedings had under the
31 provisions of this act, except where the judge of the court in
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 which the petition has been filed shall be disqualified for
2 any of the reasons stated in the statutes of this state
3 relating to the change of venue in civil cases. If the judge
4 of such court is disqualified, the procedure shall be the same
5 as in other civil cases in chancery.
6 Section 17. Supervisors to provide for compensation of
7 all employees.--The Board of Supervisors, except where
8 otherwise provided, shall, by resolution, at the time of
9 hiring or appointing, provide for the compensation for work
10 done and necessary expenses incurred by any officer, engineer,
11 attorney, or other employee, and shall also pay the fees, per
12 diem, and necessary expenses of all court and county officers
13 who may, by virtue of this act, render services to said
14 District.
15 Section 18. Meaning of word "owner".--The word
16 "owner," as used in this act, shall mean the owner of the
17 freehold estate, as appears by the deed record, and it shall
18 not include reversioners, remaindermen, vendees under
19 contracts of purchase, trustees, or mortgagees, who shall not
20 be counted and need not be notified by publication, or served
21 by process, but shall be represented by the then owners of the
22 freehold estate in any proceeding under this act.
23 Section 19. Appointment and duties of superintendent
24 of plant and operation and overseers.--For the purpose of
25 preserving any ditch, drain, dike, levee, or other work
26 constructed or erected under the provisions of this act, and
27 for the taking care and operation of the equipment owned by
28 said District and the maintenance of the canals and other
29 works of said District, including the removal of obstructions
30 from the same, and such other duties as may be prescribed by
31 the Board of Supervisors, said Board shall have the power to
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 employ a superintendent of plant and operation who shall have
2 charge and supervision of the works of the District after the
3 construction of the same, and said Board shall also have
4 authority to employ or appoint an overseer or overseers who
5 shall hold their positions at the will of the Board, and who
6 shall assist said superintendent in the performance of the
7 work aforesaid.
8 Section 20. Investments.--The Board may make any
9 investment authorized by chapter 218, Florida Statutes, or
10 other applicable law.
11 Section 21. Maintenance tax may be levied.--To
12 maintain and preserve the ditches, drains, and other
13 improvements made pursuant to this act, and to repair and
14 restore the same, when needed, and for the purpose of
15 defraying the current expenses of the District, including any
16 sum which may be required to pay state and county taxes on any
17 lands which may have been purchased and which are held by the
18 District under the provisions of this act, the Board of
19 Supervisors may, upon the completion of the said improvements
20 in whole or in part, as may be certified to the said Board by
21 the District Engineer, and on or before the first day of
22 November in each year thereafter, levy a tax, which shall
23 become due and be collected at the same time state and county
24 taxes are due and collected, upon each tract or parcel of land
25 within the District, to be known as a "maintenance tax." Said
26 maintenance tax may be apportioned upon the basis of the net
27 assessments of benefits accruing for original construction,
28 and shall be certified to the Tax Collector of Palm Beach
29 County in like manner and at the same time as the annual
30 installment tax is certified. The Tax Collector shall demand
31 and collect the maintenance tax and make return thereof and
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 shall receive the same compensation therefor, and be liable
2 for the same penalties for failure or neglect so to do as
3 provided herein for the annual installment of taxes.
4 Section 22. Readjustment of tax levy for
5 maintenance.--Whenever the Board of Supervisors, or the owners
6 of 25 percent or more of the acreage of the lands in the
7 District, shall file a petition with the Board of Supervisors,
8 stating that there has been a material change in the values of
9 the property in the District since the last previous
10 assessment of benefits, and praying for a readjustment of the
11 assessment of benefits for the purpose of making a more
12 equitable basis for the levy of the maintenance tax, the said
13 Board of Supervisors shall give notice of the filing and
14 hearing of said petition in the manner and for the time
15 provided in this act. Such notice may be in the following
16 form:
17 'Notice is hereby given to all persons interested in
18 the lands included within the Shawano Drainage District that a
19 petition has been filed with the District, praying for a
20 readjustment of the assessment of benefits for the purpose of
21 making an equitable basis for the levy of the maintenance tax
22 in said District, and that said petition will be heard by the
23 Board of Supervisors.'
24 Upon the hearing of said petition, if said court shall
25 find that there has been a material change in the values of
26 the lands in said District since the last previous assessment
27 of benefits, the Board shall order that there be made a
28 readjustment of the assessments of benefits for the purpose of
29 providing a basis upon which to levy the maintenance tax of
30 said District. All proceedings, notices, hearings, orders, and
31 all other requirements of this act shall be taken, done, and
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 followed as provided in this act for the assessment of
2 benefits for carrying out the Water Control Plan; provided
3 that in making the readjustment of the assessment of benefits
4 it shall not be limited to the aggregate amount of the
5 original or any previous assessment of benefits.
6 Section 23. District may consolidate with other
7 district.--The District created and established by this act
8 may unite and consolidate with, or have united and
9 consolidated with it, any other drainage district or districts
10 organized under any general or special laws of Florida, and
11 such new and consolidated district, and the Board of
12 Supervisors thereof, shall have the rights, powers, and
13 privileges of the District organized under this act. In order
14 to effect such consolidation, the Board of Supervisors of each
15 of the original districts shall call an election in the same
16 manner as elections for supervisors, stating the time, place,
17 and object of such election. If a majority of the acreage
18 voting in each district vote in favor of the proposition to
19 unite and consolidate such district, the Boards of Supervisors
20 of such districts shall present a petition to the Circuit
21 Court of the County in which the greatest amount of the lands
22 is located, accompanied by a complete return of said election,
23 in which petition shall be stated the names of the original
24 districts, when incorporated, the names of the owners of the
25 lands, if known, and the boundaries of the districts. When
26 said petition has been filed, the Clerk of said Circuit Court
27 shall give notice of such filing in the manner provided for
28 giving notice in this act, said notice to state substantially
29 the contents of said petition and the objects sought and the
30 date on which said matter is to be heard by said court. Any
31 person owning land in either of said districts, on or before
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 the time stated in said notice, may file objections to the
2 regularity or sufficiency of any of the proceedings had in the
3 premises, and if such objections are overruled, or if no
4 objections are made, the court shall make an order that any
5 two or more of the several districts so asking to be united
6 shall be united and consolidated as one district, under some
7 appropriate designation, with all the rights, powers, and
8 privileges of said Shawano Water Control District organized
9 under this act, and the lands so included in the new District
10 shall be subject to all liens, liabilities, and obligations of
11 the original districts, and a new Board of Supervisors shall
12 be elected as is herein provided in case of election of
13 Supervisors. All orders made in regard to extension of time,
14 boundaries, or uniting districts shall be spread on the
15 records of the circuit court, and a certified copy thereof
16 shall be filed with the clerk of the circuit court of each
17 county in which any of such lands are located, and also with
18 the Secretary of State, and said clerk shall receive a fee of
19 $1 for filing and preserving such certificates.
20 Section 24. New Water Control Plan may be adopted;
21 procedure.--If the works set out in the Water Control Plan of
22 said Shawano Water Control District shall be found by the
23 Board of Supervisors to be insufficient to reclaim in whole or
24 in part any or all of the lands of said District, said Board
25 of Supervisors shall have the right to formulate new or
26 amended Water Control Plans containing new canals, ditches,
27 levees, pumps, pumping systems, and other works, and
28 additional assessments may be made in conformity with the
29 provisions of this act, the same to be made in proportion to
30 the increased benefits accruing to the lands because of the
31 additional works. If it should be found by said Board of
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 Supervisors at any time that the amount of the total tax
2 levied under the provisions of this act, or that the funds
3 derived from the sale of the bonds under this act, are
4 insufficient to pay the costs of the works set out in said
5 Water Control Plan, the Board of Supervisors may make an
6 additional levy to provide funds to complete the work, and in
7 addition thereto 25 percent of said total amount for
8 emergencies; and if in their judgment it seems best, said
9 Board of Supervisors may issue bonds not to exceed the amount
10 of said additional levy. If it should be found at any time
11 that the Water Control Plan as adopted required modification
12 by widening, lowering, or deepening the canals or ditches or
13 widening or raising the levees or enlarging, improving, or
14 substituting pumps, pumping systems, and other works
15 authorized or contemplated by the Water Control Plan or by the
16 construction of additional canals, ditches, or levees or the
17 installation of additional pumps or pumping systems, and that
18 the amount of the total tax levied under this act, or that the
19 funds derived from the sale of bonds under the provisions of
20 this act, are not sufficient to carry out the Water Control
21 Plan with such modifications, said Board of Supervisors may
22 consider said change to the Water Control Plan and direct the
23 District Engineer to appraise the lands that shall be taken
24 for such enlarged or improved works and assess the benefits
25 and damages to any or all lands, public highways, railroads,
26 or other property in said District by the proposed amendments
27 and changes to the Water Control Plan.
28 After the lists of lands with the assessed benefits
29 have been approved by the Board of Supervisors as provided in
30 this act, then the Board shall have power to levy an
31 additional tax of such portion of said benefits on the lands
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 in said District to which benefits have been assessed as may
2 be found necessary by the Board of Supervisors to pay the
3 increased cost of the completion of the proposed works and
4 improvements as shown in said Water Control Plan as amended,
5 including the cost of superintending the same and all
6 incidental expenses in connection therewith, and in addition
7 thereto 25 percent of said total amount for emergencies, and
8 if in their judgment it seems best, said Board of Supervisors
9 may issue bonds not to exceed the amount of said additional
10 levy. The additional taxes authorized to be levied under the
11 provisions of this section shall be levied and collected in
12 the same manner as taxes levied and collected under the
13 provisions of this act. Bonds issued under the provisions of
14 this section shall draw interest at a rate as provided by
15 general law, payable semi-annually, and shall be payable at
16 such time or times and at such place or places as the Board of
17 Supervisors may determine. Any additional tax authorized to be
18 levied under the provisions of this section shall be
19 apportioned to and levied upon each tract of land in said
20 District in proportion to the benefits assessed, and not in
21 excess thereof, and in case bonds are issued as herein
22 provided, then the amount of the interest as estimated by said
23 Board of Supervisors which will accrue on such bonds shall be
24 included and added to the said additional levy, but the
25 interest to accrue on said bonds shall not be included as a
26 part of the cost of the construction in determining whether or
27 not the expenses and costs of making the improvements shown in
28 the Water Control Plan are not equal to or in excess of the
29 benefits assessed.
30 Section 25. Supervisors may remove officers and
31 employees.--The Board of Supervisors may at any time remove
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 any officer, attorney, District Engineer, or other employee
2 appointed or employed by said Board.
3 Section 26. Water courses to be connected with
4 drainage district; connecting drains and completion of plan;
5 scope of work.--At the time of the construction in the said
6 District of the Water Control Plan hereinbefore referred to,
7 all canals, ditches, or systems of drainage already
8 constructed in said District, and all water courses shall, if
9 necessary to the drainage of said land in said District, be
10 connected with and made a part of the works and improvements
11 of the Water Control Plan of said District. But no canals,
12 ditches, drains, or systems of drainage constructed after the
13 completion of the aforesaid Water Control Plan shall be
14 connected therewith, unless the consent of the Board of
15 Supervisors shall be first had and obtained, which consent
16 shall be in writing and shall particularly describe the
17 method, terms, and conditions of such connection, and shall be
18 approved by the District Engineer. Such connection, if made,
19 shall be in strict accord with the method, terms, and
20 conditions laid down in said consent. If the landowner or
21 owners wishing to make such connection are refused such
22 consent by the Board of Supervisors, or decline to accept the
23 consent granted, then said landowner or owners may file a
24 petition for such connection in the Circuit Court of Palm
25 Beach County, and the matter in dispute shall in a summary
26 manner be decided by said court, which decision shall be final
27 and binding upon the District the landowner or owners. No
28 connection with the works or improvements of said Water
29 Control Plan of said District, or with any canal, ditch,
30 drain, or artificial drainage, wholly within said District,
31 shall be made, caused, or affected by any landowner or owners,
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 company, or corporation, municipal or private, by means of or
2 with any ditch, drain, cut, fill, roadbed, levee, embankment,
3 or artificial drainage, wholly without the limits of said
4 District, unless such connection is consented to by the Board
5 of Supervisors, or in the manner hereinbefore provided.
6 Section 27. Owners of land assessed for construction
7 of canals, etc., may pay taxes in advance.--Any person or
8 corporation, copartnership, or other parties owning lands
9 assessed for the construction of any canal, ditch, or other
10 improvement under the provisions of this act shall have the
11 right and privilege of paying such tax assessment to the
12 Treasurer of the Board of Supervisors of the District, at any
13 time on or before a date to be fixed by resolution of the
14 Board of Supervisors; and the amount to be paid shall be the
15 full amount of the tax levied, less any amount added thereto
16 to meet interest. When such tax assessment has been paid, the
17 Secretary of the Board of Supervisors shall enter upon the
18 drainage tax record opposite each tract for which payment is
19 made the words "paid in full," and such tax assessment shall
20 be deemed satisfied; and the Secretary of the Board of
21 Supervisors shall also make or cause to be made the same entry
22 opposite each tract for which payment is made in the table
23 included in the certificate filed in the Office of the Clerk
24 of the Circuit Court under the provisions of this act.
25 Section 28. Duty of county, etc., to make payment of
26 taxes.--Whenever, under the provisions of this act, the
27 Drainage District tax is levied against a county, city,
28 village, township, or other political subdivision of the
29 state, it shall be the duty of the governing or taxing body of
30 such political subdivision immediately to take all the legal
31 and necessary steps to make payment of such tax, including, if
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 necessary, steps for the levying and collection of a tax to
2 make such payment as other taxes of such political subdivision
3 are levied and collected, and such tax shall not be affected
4 by any statutory limitation upon the rate or amount of the
5 taxes of such political subdivision.
6 Section 29. Landowner in district may construct drains
7 across land of intervening landowner; proceedings; Board may
8 enter lands.--Any landowner within Shawano Water Control
9 District may construct ditches to drain his or her lands into
10 the public ditches; and if any intervening landowner should
11 refuse permission to cross his or her land with such ditch,
12 the landowner seeking to construct such ditch may by
13 proceedings in the circuit court, to be conducted in the same
14 manner as condemnation proceedings instituted by railroads,
15 condemn his or her right-of-way for such ditch. The Board of
16 Supervisors, the Board of Commissioners, and the District
17 Engineer of the District, as well as all officers, agents, and
18 employees thereof, and contractors and their employees, may
19 enter upon lands within or without the District in order to
20 make surveys or examinations to accomplish the necessary
21 purposes of the District, or to have access to the works of
22 the District, but no unnecessary damage shall be done. Any
23 person or corporation preventing such entrance shall be deemed
24 in violation of section 298.66, Florida Statutes, and upon
25 conviction shall be punished in the manner provided by law.
26 Section 30. Principal office.--The Board of
27 Supervisors shall, by resolution, determine the location of
28 the principal office of the Board, which shall be within Palm
29 Beach County, but need not be in said District. Nothing herein
30 contained shall prevent said Board from holding legal meetings
31 and taking necessary action at other places within or without
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 the District. Two members of said Board shall constitute a
2 quorum, and the assent of two members shall be necessary to
3 all acts of the Board. The Board shall determine the time and
4 place of regular meetings, and may hold special meetings on
5 the call of any member, notice of any such special meeting
6 being given or mailed or telegraphed to each member or left at
7 his or her residence or place of business. Any member may at
8 any time, before or after the meeting, waive notice of the
9 time, place, or purpose of any or all special meetings, and
10 said waiver may be general as to all business or may be
11 limited to business specified in the waiver.
12 Section 31. Unit development; powers of supervisors to
13 designate units of District and adopt system of progressive
14 drainage by units; Water Control Plans and financing
15 assessments, etc., for each unit.--The Board of Supervisors of
16 Shawano Water Control District shall have the power and is
17 hereby authorized in its discretion to drain and reclaim or
18 more completely and intensively to drain and reclaim the lands
19 in said District by designated areas or parts of said District
20 to be called "units." The units into which said District may
21 be so divided shall be given appropriate numbers or names by
22 said Board of Supervisors, so that said units may be readily
23 identified and distinguished. The Board of Supervisors shall
24 have the power to fix and determine the location, area, and
25 boundaries of and lands to be included in each and all such
26 units, the order of development thereof, and the method of
27 carrying on the work in each unit. The unit system of drainage
28 provided by this section may be conducted and all of the
29 proceedings by this section and this act authorized in respect
30 to such unit or units may be carried on and conducted at the
31 same time as or after the work of draining and reclaiming of
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 the entire District has been or is being or shall be
2 instituted or carried on under the provisions of this act. If
3 the Board of Supervisors shall determine that it is advisable
4 to conduct the work of draining and reclaiming the lands in
5 said District by units, as authorized by this section of this
6 act, said Board shall, by resolution duly adopted and entered
7 upon its minutes, declare its purpose to conduct such work
8 accordingly, and shall at the same time and manner fix the
9 number, location, and boundaries of and description of lands
10 within such unit or units and give them appropriate numbers or
11 names. As soon as practicable after the adoption and recording
12 of such resolution, said Board of Supervisors shall publish
13 notice once a week for 2 consecutive weeks in a newspaper
14 published in Palm Beach County, Florida, briefly describing
15 the units into which said District has been divided and the
16 lands embraced in each unit, giving the name, number, or other
17 designation of such units, requiring all owners of lands in
18 said District to show cause in writing before said Board of
19 Supervisors at a time and place to be stated in such notice
20 why such division of said District into such units should not
21 be approved, and said system of development by units should
22 not be adopted and given effect by said Board, and why the
23 proceedings and powers authorized by this section of this act
24 should not be had, taken, and exercised. At the time and place
25 stated in said notice, said Board of Supervisors shall hear
26 all objections or causes of objection (all of which shall be
27 in writing) of any landowners in said District to the matters
28 mentioned and referred to in such notice, and if no objections
29 are made, or if said objections, if made, shall be overruled
30 by said Board, then said Board shall enter in its minutes its
31 finding and order confirming said resolution, and may
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 thereafter proceed with the development, drainage, and
2 reclamation of said District by units pursuant to such
3 resolution and to the provisions of this act. If, however,
4 said Board of Supervisors shall find a result of such
5 objections, or any of them, or the hearing thereon, that the
6 division of said District into such units as aforesaid should
7 not be approved or that said system of development by units
8 should not be adopted and given effect, or that the
9 proceedings and powers authorized by this section of this act
10 should not be had, taken, or exercised, or that any other
11 matter or thing embraced in said resolution would not be in
12 the best interest of the landowners of said District or would
13 be unjust or unfair to any landowner therein or otherwise
14 inconsistent with fair and equal protection and enforcement of
15 the rights of every landowner in said District, then said
16 Board of Supervisors shall not proceed further under such
17 resolution, but said Board of Supervisors may, as a result of
18 such hearing, modify or amend said resolution so as to meet
19 such objections so made, and thereupon said Board may confirm
20 said resolution as so modified or amended and may thereafter
21 proceed accordingly. The sustaining of such objections and
22 the rescinding of such resolutions shall not exhaust the power
23 of said Board under this section; but, at any time not less
24 than 1 year after the date of the hearing upon any such
25 resolution, the Board of Supervisors may adopt other
26 resolutions under this section and thereupon proceed on due
27 notice in like manner as above. If said Board of Supervisors
28 shall overrule or refuse to sustain any such objections in
29 whole or in part made by any landowner in the District, or if
30 any such landowner shall deem himself or herself aggrieved by
31 any action of the Board of Supervisors in respect to any
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 objections so filed, such landowner may, within 10 days after
2 the ruling of said Board, file a bill of complaint in a court
3 of competent jurisdiction against said District, praying an
4 injunction or other appropriate relief against the action or
5 any part of such action proposed by such resolution or
6 resolutions of said Board, and such suits shall be conducted
7 like other suits, except that said suits shall have preference
8 over all other pending actions except criminal actions and
9 writs of habeas corpus. Upon the hearing of said cause, the
10 court of competent jurisdiction shall have the power to hear
11 the objections and receive the evidence thereon of all parties
12 to such cause and approve or disapprove said resolutions and
13 action of said Board in whole or in part, and to render such
14 decree in such cause as right and justice require. When said
15 resolutions creating said unit system shall be confirmed by
16 the Board of Supervisors, or by the court if such proposed
17 action shall be challenged by a landowner by the judicial
18 proceedings hereinabove authorized, said Board of Supervisors
19 may adopt a water control plan or plans for and in respect to
20 any or all such units, and to have the benefits and damages
21 resulting therefrom assessed and apportioned by the District
22 Engineer and the Engineer's Report considered and confirmed,
23 all in like manner as is provided in this act in regard to
24 Water Control Plans for the assessments for benefits and
25 damages of the entire District. With respect to the Water
26 Control Plan, notices, Engineer's Report, and notice and
27 confirmation thereof, the levy of assessments and taxes,
28 including maintenance taxes, and the issuance of bonds and all
29 other proceedings as to each and all of such units, said Board
30 shall follow and comply with the same procedure as is provided
31 in this act with respect to the entire District; and said
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 Board of Supervisors shall have the same powers in respect to
2 each and all of such units as is by this act vested in them
3 with respect to the entire District. All the provisions of
4 this act shall apply to the drainage, reclamation, and
5 improvement of each, any, and all of such units, and the
6 enumeration of or reference to specific powers or duties of
7 the Supervisors or any other officers or other matters in this
8 act as hereinabove set forth shall not limit or restrict the
9 application of any and all of the proceedings and powers
10 herein to the drainage and reclamation of such units as fully
11 and completely as if such unit or units were specifically and
12 expressly named in every section and clause of this act where
13 the entire District is mentioned or referred to. All
14 assessments, levies, taxes, bonds, and other obligations made,
15 levied, assessed, or issued for or in respect to any such unit
16 or units shall be a lien and charge solely and only upon the
17 lands in such unit or units, respectively, for the benefit of
18 which the same shall be levied, made, or issued, and not upon
19 the remaining units or lands in said District. The Board of
20 Supervisors may at any time amend its said resolutions by
21 changing the location and description of lands in any such
22 unit or units; and provided, further, that if the location of
23 or description of lands located in any such unit or units is
24 so changed, notice of such change shall be published as
25 hereinabove required in this section for notice of the
26 formation or organization of such unit or units, and all
27 proceedings shall be had and done in that regard as are
28 provided in this section for the original creation of such
29 unit or units; provided, however, that no lands against which
30 benefits shall have been assessed may be detached from any
31 such unit after the confirmation of the Engineer's Report of
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 benefits in such unit or units or the issuance of bonds or
2 other obligations which are payable from taxes or assessments
3 for benefits levied upon the lands within such unit or units.
4 Provided, however, that if, after the confirmation of
5 the Engineer's Report of benefits in such unit or units, or
6 the issuance of bonds or other obligations which are payable
7 from taxes or assessments for benefits levied upon lands
8 within such unit or units, the Board of Supervisors finds the
9 Water Control Plan for any such unit or units insufficient or
10 inadequate for efficient development, the Water Control Plan
11 may be amended or changed as provided in this act, and the
12 unit or units may be amended or changed as provided herein, by
13 changing the location and description of lands in any such
14 unit or units, by detaching lands therefrom or by adding lands
15 thereto, and in such event all assessments, levies, taxes,
16 bonds, and other obligations made, levied, assessed, incurred,
17 or issued for in respect to any such unit or units may be
18 allocated and apportioned to the amended unit or units in
19 proportion to the benefits assessed by the Engineer's Report
20 for the amended Water Control Plan and said Report shall
21 specifically provide for such allocation and apportionment.
22 However, a change or amendment to a designated unit is not
23 authorized if it has the effect of impairing a debt or other
24 obligation of the unit of the District.
25 Section 32. Bonds may be validated.--Whenever the
26 Board of Supervisors of Shawano Water Control District shall
27 have authorized the issuance of bonds, notes, or other
28 obligations of said District under any of the provisions of
29 this act, said Board of Supervisors may, if it shall so elect,
30 cause such bonds, notes, or other obligations to be validated
31 in accordance, as nearly as practicable, with the provisions
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 of law relating to the validation of bonds issued by counties,
2 municipalities, taxing districts, or other political districts
3 or subdivisions, in the manner provided for in chapter 75,
4 Florida Statutes, for which purpose, in the event of the
5 exercise of such election by said Board of Supervisors, all
6 the provisions of law relating to the validation of bonds,
7 issued by counties, municipalities, taxing districts, or other
8 political districts or subdivisions, shall be held to include
9 and apply to bonds, notes, and obligations issued by or in the
10 name of said Shawano Water Control District, or any unit
11 thereof and the decree of validation that shall be entered by
12 the court shall be conclusive as to all questions raised and
13 those which could have been raised in the validation suit.
14 Section 33. District may maintain spoil banks,
15 etc.--The District may maintain spoil banks for the dumping,
16 preservation, or disposal of dirt, sand, gravel, clay, rock,
17 wood, lumber, logs, and other substances which may have been
18 taken from any excavation or other work of the District, or
19 which may have come into the District's control or possession
20 through carrying out the Water Control Plan or which may have
21 been acquired by the District for use in carrying out such
22 plan, and such spoil banks shall be deemed works of the
23 District as the term "works" is used in this act. Any or all
24 such material may be sold, used in the construction of
25 drainage works or roads, or otherwise disposed of by the
26 District. Such spoil banks shall be and remain the property of
27 the District until disposed of, regardless of whether they
28 occupy land belonging in the District or other land.
29 Section 34. Definition of terms.--This act may be
30 known and cited as an "act creating Shawano Water Control
31 District." The words "land," "lands," and "property" shall,
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 unless some other meaning be clearly intended, be held to
2 include easements and every other interest in real estate, and
3 shall include public highways and rights-of-way of railroad,
4 electric, telegraph, telephone, gas, water, and other
5 corporations; the words "public roads" and "public highways"
6 shall not be held to include rights-of-way of railroads and
7 other public service corporations; the words "tax" or "taxes,"
8 as applied to the revenues authorized by this act, and the
9 word "levy" or similar words in relation to such revenues,
10 shall not be deemed a denial that the so-called taxes are in
11 fact special assessments; the words "lands belonging to the
12 state" or similar phrase shall include all lands belonging to
13 or under the jurisdiction of the Internal Improvement Board,
14 but not any school lands; the word "person" shall be taken,
15 unless otherwise clearly intended, to mean persons, firm,
16 copartnership, association, or private or public corporation;
17 and the word "engineer" shall mean the District Engineer, or a
18 deputy or assistant thereof, unless otherwise expressed, and
19 shall not include a consulting engineer, who is not vested
20 under this act with the authority given the District Engineer
21 except expressly so stated herein. The provisions of this act
22 as to votes of landowners by acreage shall apply to easements
23 for railroad and other rights-of-way, but not to the land upon
24 which such easements exist, and the vote of the owners of such
25 easements shall be in accordance with the acreage of the lands
26 upon which the easements exist. Political subdivisions owning
27 or controlling public highways in the District shall not have
28 the right to vote at such landowners' meetings, nor shall the
29 land upon which such public highway is built be entitled to
30 vote at such meetings. The word "court" or the words "circuit
31 court" shall mean the Circuit Court of Palm Beach County, or
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 any court which, under the laws of Florida, could exercise
2 jurisdiction of the matter, unless some other court be clearly
3 intended; the word "county" shall mean Palm Beach County.
4 "Deputy" as used in this act shall include Assistant, and
5 "Assistant" shall include deputy. The term "President of said
6 District" shall mean and include the President of the Board of
7 Supervisors.
8 Section 35. Surveys; monuments; penalty for
9 destroying, etc.--The Board of Supervisors of Shawano Water
10 Control District may authorize and direct the District
11 Engineer to make such survey or surveys of the lands within
12 said District as may be necessary or convenient for the
13 execution of the Water Control Plan or any amended Water
14 Control Plan or any part thereof. In making such survey or
15 surveys, the District Engineer may establish such monuments as
16 may be necessary or convenient to provide definite reference
17 points from which may be located any points, lines, lots, or
18 units of said District. Such monuments shall be suitably
19 marked or inscribed with the letters S.W.C.D. or B. D. D.
20 (meaning Brown Drainage District or Shawano Water Control
21 District). Any person or persons moving, molesting, or
22 destroying any such monument, or destroying, injuring, or
23 defacing the marks or inscription thereon, shall be guilty of
24 a misdemeanor and shall be punished as provided by law.
25 Section 36. Obstruction of works; damage;
26 penalty.--Whoever shall willfully damage any ditch, canal,
27 drain, levee, reservoir, roadway, bridge, culvert, or other
28 works established or constructed under this act, or that may
29 have been heretofore constructed within the territory embraced
30 in said District, or shall fill or obstruct the flow of water
31 in any canal, ditch, drain, or waterway, or shall remove any
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 earth, stone, or material from the banks of any canal, drain,
2 or ditch without first having obtained permission in writing
3 from said Board to fill or obstruct such flow of water or to
4 remove such material shall be deemed in violation of section
5 298.66, Florida Statutes, and upon conviction shall be
6 punished in the manner provided by law.
7 Section 37. Changing boundaries of District.--Land may
8 be added to the District by resolution of the Board of
9 Supervisors upon written consent of the owner or owners of
10 such land. Land may be detached from the District by
11 resolution of the Board of Supervisors if such Board finds
12 that such land cannot economically be benefited by the Water
13 Control Plan or Plans for the District or its units and if no
14 indebtedness has been incurred which would be payable from
15 taxes or assessments levied or to be levied against the lands
16 to be detached.
17 Section 38. Validation of contracts.--All contracts
18 made by the District or its Board of Supervisors since June
19 16, 1947, for drainage and reclamation work in said District
20 and for the purchase of equipment, supplies, and materials,
21 and all other contracts and official acts of said Board, its
22 officers, and agents, are hereby validated, ratified, and
23 confirmed.
24 Section 39. Validation of final decree.--The final
25 decree entered August 13, 1947, in Chancery cause no. 23736,
26 in the Circuit Court of Palm Beach County, Florida, validating
27 bonds issued by said District is hereby validated, ratified,
28 and confirmed.
29 Section 40. Validation of assessments, taxes, bonds,
30 and other obligations.--The annual taxes levied by said
31 District for the years 1947 and 1948 and the tax rolls for
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 said years are hereby validated, ratified, and confirmed. All
2 bonds, notes, or other obligations heretofore issued, or
3 authorized to be issued by said District payable from taxes or
4 assessments levied upon lands within the District or within
5 any unit, be and they hereby are in all respects confirmed and
6 validated as the valid and legally binding obligations of said
7 District.
8 Section 4. Liberal construction.--It is intended that
9 the provisions of this act shall be liberally construed for
10 accomplishing the work authorized and provided for or intended
11 to be provided for by this act, and where strict construction
12 would permit or assist in the accomplishment of any part of
13 the work authorized by this act, the liberal construction
14 shall be chosen.
15 Section 5. Ratification of prior acts.--All acts and
16 proceedings of the circuit court taken by, for, and on behalf
17 of the District since the creation thereof, and all of the
18 acts and proceedings of the Board of Supervisors, and all
19 other officers and agents of the District, and of the county,
20 acting for and on behalf of the District, and any and all tax
21 levies and assessments which have been made by the Board of
22 Supervisors for and on behalf of the District, are each and
23 every one of them, and each and every part thereof, hereby
24 ratified.
25 Section 6. Invalidity.--If any section, subsection,
26 sentence, clause, or phrase of this act is held to be
27 unconstitutional, such holding shall not affect the validity
28 of the remaining portions of the act, the Legislature hereby
29 declaring that it would have passed this act and each section,
30 subsection, sentence, clause, and phrase thereof, irrespective
31 of any other separate section, subsection, sentence, clause,
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1359
766-125-02
1 or phrase thereof, and irrespective of the fact that any one
2 or more other sections, subsections, sentences, clauses, or
3 phrases thereof may be declared unconstitutional.
4 Section 7. Chapters 11864 (1927), 13579 (1929), 24254
5 (1947), 25328 (1949), 28406 (1953), 57-448, 59-636, and
6 63-863, Laws of Florida, are hereby repealed.
7 Section 8. This act shall take effect upon becoming a
8 law.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
39
CODING: Words stricken are deletions; words underlined are additions.