HB 0733 2004
1	A bill to be entitled
2	An act relating to the Loxahatchee Groves Water Control
3	District, Palm Beach County; amending chapter 99-425, Laws
4	of Florida; amending the district’s election procedures;
5	clarifying that the power of the district with respect to
6	roadways and roads is not limited to roads shown on the
7	replat of Loxahatchee Groves and clarifying that the
8	levying of assessments by the district is pursuant to
9	chapter 298, Florida Statutes, or this act; eliminating
10	references to other types of assessments; providing a
11	procedure for the dedication of roads to the district;
12	amending the permitting of culverts, other drainage
13	systems, bridges, or culvert crossings; providing
14	procedures when such bridges or culvert crossings restrict
15	the normal conveyance of water within the district’s
16	canals; providing that special assessments are not limited
17	to roads and roadways but may be levied for district
18	improvements; providing that the issuance of special
19	assessment bonds are not limited to roads and roadways but
20	may be used for district improvements; providing a
21	limitation on the district’s liability for third-party use
22	of district lands, rights-of-way, works, and easements;
23	providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Subsection e. of section 2 and subsections c.,
28	g., i., and j. of section 4 of section 2 of chapter 99-425, Laws
29	of Florida, are amended, and section 8 is added to section 2 of
30	said chapter, to read:
31	Section 2. Landowner’s meeting and election of
32	supervisors.--
33	e. Date of landowner’s meeting; notice of intent to be
34	elected.--Notwithstanding any provision of s. 298.12, Florida
35	Statutes, to the contrary, for all elections held after 1999, in
36	order for a person to be elected as a supervisor of the
37	district, that person must notify the Supervisor of the Board of
38	Elections of Palm Beach County of his or her intent to be
39	elected as a supervisor at least 90 days prior to the annual
40	landowner’s meeting, which shall take place on the 4th Monday of
41	June each year. The date of annual landowner’s meeting may be
42	changed by majority of the board of supervisors of the district
43	provided that such change occurs at least 150 days prior to the
44	newly selected date of the landowner’s meeting and further
45	provided that notice of such change of the date of the
46	landowner’s meeting shall be published once a week for 2
47	consecutive weeks in a newspaper of general circulation in the
48	county in which the lands of the district are located, with the
49	first such publication to be not less than 10 nor more than 15
50	days after the vote of the board of supervisors to change the
51	date of the annual landowner’s meeting. No person who has not
52	timely provided notice to the supervisor of elections of his or
53	her willingness to be elected, as set forth above in this
54	section, may be elected as a supervisor of the district, unless
55	no individuals or unless fewer individuals than the number of
56	seats available for election,have timely provided notice to the
57	supervisor of elections, in which event the provisions of s.
58	298.12(1), Florida Statutes, shall control. If the number of
59	persons timely providing notice to the supervisor of elections
60	is less than or equal to does not exceedthe number of seats for
61	which supervisors are to be elected in that year, then those
62	individuals providing timely notice shall be deemed elected as
63	supervisors as of the date of the annual landowner’s meeting and
64	no election, or notice of such election, shall be held. If the
65	length of terms varies for those persons who timely provide
66	notice, the length of terms will be assigned by lot. If the
67	number of persons timely providing notice to the supervisor of
68	elections is less than the number of seats for which supervisors
69	are to be elected in that year, then the individual or
70	individuals providing timely notice shall be deemed elected as
71	set forth in this subsection and the seat or seats for which
72	persons have not filed will be subject to election pursuant to
73	the provisions of s. 298.12(1), Florida Statutes. In such event,
74	if the length of terms are different, the person or persons
75	timely providing notice to the supervisor of elections shall be
76	deemed elected to the longer or longest term.If the number of
77	persons providing timely notice to the supervisor of elections
78	exceeds the number of seats for which supervisors are to be
79	elected that year, then elections shall proceed forward at the
80	annual landowner’s meeting in accordance with the provisions of
81	s. 298.12(1), Florida Statutes, as may be modified by this act.
82	In the event that pursuant to this subsection an election is not
83	required, notice as set forth in s. 298.12, Florida Statutes,
84	for the annual meeting need not be provided so long as the
85	annual meeting has been included among the meetings properly
86	noticed under the requirements of s. 189.417, Florida Statutes.
87	Section 4. Powers of the district.--
88	c. In addition to the powers of Loxahatchee Groves Water
89	Control District, hereinafter referred to as the “district,”
90	elsewhere provided by general or special law, the district shall
91	have the power to construct maintain, improve, and repair
92	roadways and roads necessary and convenient for the exercise of
93	any of the powers or duties of the district or the board of
94	supervisors thereof, including, but not limited to,all the
95	roads shown on the replat of Loxahatchee Groves, as recorded in
96	Plat Book 12, Page 29, Palm Beach County Public Records, or to
97	provide access to and development of areas within the district,
98	or both; to provide funds for such construction, maintenance,
99	improvement, or repair through the levying of assessments
100	pursuant to chapter 298, Florida Statutes, or this act
101	hereinafter referred to as “drainage assessments,” or special
102	assessments, or both; and to acquire land, including any
103	interest therein, by purchase, gift, exchange, or eminent
104	domain, for such construction, maintenance, improvement, or
105	repair. The board of supervisors of the district, at its
106	discretion, may accept for dedication a road within the
107	boundaries of the district pursuant to the following procedures:
108	(1) The landowners possessing the easements to such road
109	must petition in writing the board for dedication of the road,
110	with those signing the petition agreeing to give the district
111	their respective easements at no cost to the district, pursuant
112	to policies established by the district.
113	(2) At least a simple majority of landowners on the road,
114	on a per-acre basis, must petition the board to dedicate the
115	road.
116	(3) The board of supervisors of the district shall then
117	determine whether or not to accept such petition. If the board
118	determines to accept the petition, the district will then
119	project all estimated costs involved in planning, designing, and
120	building the road or improving the existing road to meet
121	specifications acceptable to the district, including therewith
122	the cost of improving or replacing any culvert crossing or
123	bridge that connects the road to be dedicated to an existing
124	district road or roads, the cost of any eminent domain
125	proceeding to obtain road easements from those landowners who
126	did not sign the petition and to give the district their
127	respective easements, the cost of establishing the special
128	taxing unit, and any other costs anticipated to be incurred by
129	the district as a result of any action involved with such
130	dedication.
131	(4) The estimated cost information shall then be provided
132	to the affected landowners and a referendum shall be held among
133	those landowners to create a special taxing unit, consisting of
134	all of the benefited land contiguous to and inclusive of the
135	road to be dedicated to cover such cost. Upon passage of the
136	referendum by majority vote, on a per-acre basis, the district
137	shall create a special taxing unit and levy assessments for the
138	costs as set forth in paragraph (3).
139	(5) The district shall then acquire by sale or through
140	eminent domain, under chapters 73 and 74, Florida Statutes, as
141	amended from time to time, the necessary easements and build the
142	road or make the necessary improvements to the existing road to
143	meet all district specifications.
144	(6) Thereafter, the road shall be dedicated to the
145	district and maintained by the district under its general
146	maintenance assessment.
147
148	Notwithstanding anything contained herein, the district’s
149	ability, under chapter 298, Florida Statutes, to create and
150	assess units of development shall be unaffected.
151	g. The district shall have the power to adopt, by
152	resolution, a uniform standard for culvert crossings, bridges,
153	culverts, or other drainage systems that connect with or cross
154	over any of the works of, or lie within the rights-of-way of,
155	the district. If the district so establishes a uniform
156	standard, the district shall by resolution adopt procedures:
157	(1) Which shall require notice of such uniform standards
158	to be given to persons owning lands upon which, adjacent to, or,
159	to the best of district’s knowledge, usingany culvert
160	crossings, bridges, culverts, or other drainage systems that
161	connect with or cross over any of the works of, or lie within
162	the rights-of-way of, the district and to such other persons as
163	the board of supervisors shall deem to be necessary or
164	desirable, or both.
165	(2) Which shall authorize granting permits for culvert
166	crossings, bridges, culverts, or other drainage systems, or
167	pursuant to such uniform standards, and the district may allow
168	for permits to be applied for by a single landowner or by
169	multiple landowners, provided that in the case of multiple
170	landowners, such landowners establish a single entity to
171	represent all such landowners to apply for and obtain the permit
172	and construct and maintain the culvert crossings, bridges,
173	culverts, or other drainage systems, subject to review by the
174	district to ensure that said entity has the legal authority to
175	assess such landowners for the cost of construction and
176	maintenance of such culverts, drainage systems, culvert
177	crossings, or bridges, that such power to assess runs with the
178	land of the landowners creating the entity, and that the
179	district can enforce such assessment power if necessary.
180	(3)(2)Which shall, except as hereinafter provided,
181	require as to culverts or other drainage systemsnot less than
182	60-days’ written notice to be given to persons owning lands upon
183	which any culvert crossings, bridges, culverts,or other
184	drainage systems exist in violation of any such uniform
185	standards prior to the taking of any enforcement action by the
186	district.
187	(3) Which may provide forLess than 30-days’ notice, in
188	writing or otherwise, of violations of the uniform standards may
189	be providedin emergency situations.
190	(4) Which may provide that If, after suchnotice pursuant
191	to this paragraph (2) or paragraph (3), any landowner shall fail
192	to conform to such uniform standards, the district may enter
193	upon such lands and take such action as necessary to cause such
194	violation to be corrected and may assess the owner of such land
195	for the district’s costs in connection therewith.
196	(5)Upon the failure of any property owner to pay any
197	assessment levied by the board of supervisors pursuant to this
198	paragraph (4)within 30 days of receipt by such owner of notice
199	of said assessment, the district shall have a lien on all lands
200	and premises affected thereby. Such lien shall be superior and
201	paramount to the interest in such land and premises of any
202	owner, lessee, tenant, mortgagee, or other person except the
203	lien of state, county, or district taxes and shall be on a
204	parity with the lien of any such state, county, or district
205	taxes. Such lien shall bear interest at an annual rate equal to
206	the interest rate due on judgments, pursuant to s. 55.03,
207	Florida Statutes, per year and shall, until paid, remain in
208	effect in perpetuity.
209	(4) Which shall provide that in the event any culvert
210	crossing or bridge, whether or not permitted by the district, is
211	determined by the district to be restricting the normal
212	conveyance of water in a district canal, the district shall
213	notify the permitholder of said structure, or if there is no
214	permit on file with the district for said structure, the
215	district shall notify the landowner or landowners using such
216	structure that the following options are available regarding the
217	structure:
218	(a) The structure may be repaired, by the permitholder or
219	the landowner or landowners using the structure, in conformance
220	with current district standards (as determined by a licensed
221	engineer), including obtaining a permit from the district
222	pursuant to its uniform standards and procedures.
223	(b) The structure may be abandoned and removed by the
224	permitholder at its expense or, if the structure has not been
225	permitted, the district shall remove the structure and the
226	district shall not be liable to any person or entity that uses
227	such structure for its removal.
228	(c) The landowner or landowners using such structure may
229	apply for a permit to construct a conforming replacement
230	structure. This process shall require obtaining a permit issued
231	by the district pursuant to its uniform standards and
232	procedures, said permit to be contingent upon the removal of the
233	nonconforming structure and the construction of a replacement
234	structure at the sole expense of said landowner or landowners.
235	(d) With respect to subparagraphs (a) and (c), in the
236	event that there are multiple landowners involved, the
237	landowners may establish a single entity as set forth in
238	paragraph (2) to represent all such landowners.
239	(e) Alternatively, the affected landowners may request the
240	district, via referendum of the landowners utilizing the
241	structure, upon a majority vote of such landowners, on a per-
242	acre basis, to establish a special taxing unit of all such
243	landowners to pay a special assessment to cover the initial
244	costs, including, but not limited to, engineering fees, removal
245	cost, repair or replacement construction cost, dedication of
246	adjoining road, and permit fees and the structure shall
247	thereafter be a district-owned structure maintained by the
248	district.
249	(f) The permitholder of a structure restricting the normal
250	conveyance of water in a district canal, or if said structure is
251	unpermitted, the landowner or landowners as reasonably
252	determined by the district to be using such structure, shall
253	have 60 days after notice is sent to respond to the district
254	regarding which option set forth in this paragraph has been
255	chosen and an additional 120 days to repair or remove said
256	structure. If the district does not receive a written response
257	within the first 60 days after the notice has been sent, the
258	structure shall be reviewed by the district’s board of
259	supervisors, which may deem the structure to be abandoned. In
260	emergency situations, the time periods for notice and response
261	may be shortened by the district as is reasonable under the
262	circumstances.
263
264	Notwithstanding any provisions contained in this subsection, the
265	ability of the district’s board of supervisors under chapter
266	298, Florida Statutes, to create and assess “units of
267	development” shall be unaffected.
268	i. The board of supervisors of the district, in order to
269	carry out any of the powers set forth in subsections c.-g. may
270	levy and impose special assessments against any or all of the
271	real property within the district upon a determination that the
272	construction, maintenance, improvement, repair, or operation of
273	said improvements or services provided to existing improvements
274	the roads or roadwaysprovide a benefit to such real property.
275	The assessments shall be imposed upon the property specially
276	benefited by such construction, maintenance, improvement,
277	repair, or operation in proportion to the benefits to be derived
278	therefrom, and the special benefits shall be determined and
279	prorated by a method prescribed by the board of supervisors.
280	j. The district is authorized to provide from time to time
281	for the issuance of special assessment bonds of the district to
282	pay all or any part of the cost of a system of roads and
283	roadways and any improvements thereto. The principal of and
284	interest on any bonds shall be payable from special assessments
285	sufficient to pay the bonds in the manner provided in the bonds,
286	in this act, and the resolution authorizing such bonds. The
287	bonds shall be authorized by resolution or resolutions of the
288	board of supervisors of the district, adopted by a majority of
289	the supervisors present and voting at a meeting of the
290	supervisors. The bonds shall bear interest at a rate or rates
291	not in excess of the maximum rates permitted by general law, may
292	be in one or more series, may bear such date or dates, and may
293	mature at any time or times not exceeding 40 years from their
294	respective dates, may be payable in such medium of payment, at
295	such place or places within or without the State of Florida, may
296	carry such registration privileges, may be subject to redemption
297	prior to maturity, with or without premium, may be executed in
298	such manner, may contain such terms, covenants, and conditions,
299	and may be in such form otherwise as such resolution or
300	subsequent resolutions shall provide. The bonds may be sold or
301	exchanged for refunding bonds, or delivered to contractors in
302	payment for any part of the work or improvements financed by
303	such bonds, or delivered in exchange for any properties, either
304	real, personal, or both, to be acquired for such works or
305	improvements, in such manner as the district in its discretion
306	shall determine. Pending the preparation of the definitive
307	bonds, interim certificates or receipts or temporary bonds in
308	such form and with such provisions as the district may determine
309	may be issued to the purchaser or purchasers of the bonds issued
310	hereunder. The bonds and such interim certificates or receipts
311	or temporary bonds shall be fully negotiable and shall be and
312	constitute negotiable instruments within the meaning of and for
313	all purposes of the law merchant and the Uniform Commercial Code
314	of the State of Florida. The proceeds of the sale of any such
315	bonds shall be used solely for the payment of the costs of the
316	district incurred or to be incurred in carrying out the powers
317	set forth in subsection c., subsection d., subsection e., or
318	subsection f., or subsection g.,and shall be disbursed in such
319	manner and under such restrictions as the district may provide
320	in the authorizing resolution. The district may also provide
321	for the replacement of any bonds which become mutilated or are
322	stolen, destroyed, or lost, upon proper indemnification. A
323	resolution providing for the issuance of special assessment
324	bonds may also contain such limitations upon the issuance of
325	additional bonds secured on a parity with the bonds theretofore
326	issued as the district may deem proper.
327	Section 8. District liability.--The provisions of any
328	general law or special act to the contrary notwithstanding, the
329	following provisions control with respect to the liability of
330	the Loxahatchee Groves Water Control District relating to
331	persons using the district’s lands, rights-of-way, works, or
332	easements:
333	a. Except as provided in subsection c., if:
334	(1) The Loxahatchee Groves Water Control District
335	individually or jointly with another agency of government,
336	authorizes, permits, or licenses activities for facilities
337	within district rights-of-way. works, or lands over which the
338	Loxahatchee Groves Water Control District has a legally
339	established easement right, thereby allowing access to or use of
340	such rights-of-way, works, lands, or easements for such purposes
341	or;
342	(2) Facilities or structures are constructed by any person
343	or entity other than the district within district rights-of-way
344	or lands over which the Loxahatchee Groves Water Control
345	District has easement rights, whether or not such facilities or
346	structures are permitted,
347
348	then in either such case the Loxahatchee Groves Water Control
349	District shall not be liable for personal injury or damages
350	caused by the negligent or willful and intentional acts of
351	permitholders and their invitees that may occur as a result of
352	carrying out the permitted activity or from the use of such
353	facilities or structures.
354	b. Other than as specified in subsection c., when the
355	Loxahatchee Groves Water Control District’s rights-of-way,
356	works, lands, or easements are used or accessed by the public
357	for authorized, permitted, or licensed actions for facilities or
358	structures, Loxahatchee Groves Water Control District does not
359	by the authorization for such use or access extend any assurance
360	that such rights-of-way, works, lands, or easements are safe for
361	any purpose, does not by such authorization incur any duty of
362	care toward a person who goes onto those rights-of-way, works,
363	lands, or easements, and is not responsible for any injury to
364	persons or property caused by a negligent act or omission of any
365	person who goes onto those rights-of-way, works, lands, or
366	easements.
367	c. This section does not relieve the Loxahatchee Groves
368	Water Control District of any liability that would otherwise
369	exist for negligence or any deliberate, willful, or malicious
370	injury to a person or property as provided by applicable Florida
371	law. This section does not create or increase the liability of
372	Loxahatchee Groves Water Control District or any person beyond
373	that which is authorized by s. 768.28, Florida Statutes.
374	Section 2. This act shall take effect upon becoming a law.