HB 0733

1
A bill to be entitled
2An act relating to the Loxahatchee Groves Water Control
3District, Palm Beach County; amending chapter 99-425, Laws
4of Florida; amending the district's election procedures;
5clarifying that the power of the district with respect to
6roadways and roads is not limited to roads shown on the
7replat of Loxahatchee Groves and clarifying that the
8levying of assessments by the district is pursuant to
9chapter 298, Florida Statutes, or this act; eliminating
10references to other types of assessments; providing a
11procedure for the dedication of roads to the district;
12amending the permitting of culverts, other drainage
13systems, bridges, or culvert crossings; providing
14procedures when such bridges or culvert crossings restrict
15the normal conveyance of water within the district's
16canals; providing that special assessments are not limited
17to roads and roadways but may be levied for district
18improvements; providing that the issuance of special
19assessment bonds are not limited to roads and roadways but
20may be used for district improvements; providing an
21effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection e. of section 2 and subsections c.,
26g., i., and j. of section 4 of section 2 of chapter 99-425, Laws
27of Florida, are amended to read:
28     Section 2.  Landowner's meeting and election of
29supervisors.--
30     e.  Date of landowner's meeting; notice of intent to be
31elected.--Notwithstanding any provision of s. 298.12, Florida
32Statutes, to the contrary, for all elections held after 1999, in
33order for a person to be elected as a supervisor of the
34district, that person must notify the Supervisor of the Board of
35Elections of Palm Beach County of his or her intent to be
36elected as a supervisor at least 90 days prior to the annual
37landowner's meeting, which shall take place on the 4th Monday of
38June each year.  The date of annual landowner's meeting may be
39changed by majority of the board of supervisors of the district
40provided that such change occurs at least 150 days prior to the
41newly selected date of the landowner's meeting and further
42provided that notice of such change of the date of the
43landowner's meeting shall be published once a week for 2
44consecutive weeks in a newspaper of general circulation in the
45county in which the lands of the district are located, with the
46first such publication to be not less than 10 nor more than 15
47days after the vote of the board of supervisors to change the
48date of the annual landowner's meeting.  No person who has not
49timely provided notice to the supervisor of elections of his or
50her willingness to be elected, as set forth above in this
51section, may be elected as a supervisor of the district, unless
52no individuals or unless fewer individuals than the number of
53seats available for election, have timely provided notice to the
54supervisor of elections, in which event the provisions of s.
55298.12(1), Florida Statutes, shall control.  If the number of
56persons timely providing notice to the supervisor of elections
57is less than or equal to does not exceed the number of seats for
58which supervisors are to be elected in that year, then those
59individuals providing timely notice shall be deemed elected as
60supervisors as of the date of the annual landowner's meeting and
61no election, or notice of such election, shall be held. If the
62length of terms varies for those persons who timely provide
63notice, the length of terms will be assigned by lot. If the
64number of persons timely providing notice to the supervisor of
65elections is less than the number of seats for which supervisors
66are to be elected in that year, then the individual or
67individuals providing timely notice shall be deemed elected as
68set forth in this subsection and the seat or seats for which
69persons have not filed will be subject to election pursuant to
70the provisions of s. 298.12(1), Florida Statutes. In such event,
71if the length of terms are different, the person or persons
72timely providing notice to the supervisor of elections shall be
73deemed elected to the longer or longest term. If the number of
74persons providing timely notice to the supervisor of elections
75exceeds the number of seats for which supervisors are to be
76elected that year, then elections shall proceed forward at the
77annual landowner's meeting in accordance with the provisions of
78s. 298.12(1), Florida Statutes, as may be modified by this act.
79In the event that pursuant to this subsection an election is not
80required, notice as set forth in s. 298.12, Florida Statutes,
81for the annual meeting need not be provided so long as the
82annual meeting has been included among the meetings properly
83noticed under the requirements of s. 189.417, Florida Statutes.
84     Section 4.  Powers of the district.--
85     c.  In addition to the powers of Loxahatchee Groves Water
86Control District, hereinafter referred to as the "district,"
87elsewhere provided by general or special law, the district shall
88have the power to construct maintain, improve, and repair
89roadways and roads necessary and convenient for the exercise of
90any of the powers or duties of the district or the board of
91supervisors thereof, including, but not limited to, all the
92roads shown on the replat of Loxahatchee Groves, as recorded in
93Plat Book 12, Page 29, Palm Beach County Public Records, or to
94provide access to and development of areas within the district,
95or both; to provide funds for such construction, maintenance,
96improvement, or repair through the levying of assessments
97pursuant to chapter 298, Florida Statutes, or this act
98hereinafter referred to as "drainage assessments," or special
99assessments, or both; and to acquire land, including any
100interest therein, by purchase, gift, exchange, or eminent
101domain, for such construction, maintenance, improvement, or
102repair. The board of supervisors of the district, at its
103discretion, may accept for dedication a road within the
104boundaries of the district pursuant to the following procedures:
105     (1)  The landowners possessing the easements to such road
106must petition in writing the board for dedication of the road,
107with those signing the petition agreeing to give the district
108their respective easements at no cost to the district, pursuant
109to policies established by the district.
110     (2)  At least a simple majority of landowners on the road,
111on a per-acre basis, must petition the board to dedicate the
112road.
113     (3)  The board of supervisors of the district shall then
114determine whether or not to accept such petition. If the board
115determines to accept the petition, the district will then
116project all estimated costs involved in planning, designing, and
117building the road or improving the existing road to meet
118specifications acceptable to the district, including therewith
119the cost of improving or replacing any culvert crossing or
120bridge that connects the road to be dedicated to an existing
121district road or roads, the cost of any eminent domain
122proceeding to obtain road easements from those landowners who
123did not sign the petition and to give the district their
124respective easements, the cost of establishing the special
125taxing unit, and any other costs anticipated to be incurred by
126the district as a result of any action involved with such
127dedication.
128     (4)  The estimated cost information shall then be provided
129to the affected landowners and a referendum shall be held among
130those landowners to create a special taxing unit, consisting of
131all of the benefited land contiguous to and inclusive of the
132road to be dedicated to cover such cost. Upon passage of the
133referendum by majority vote, on a per-acre basis, the district
134shall create a special taxing unit and levy assessments for the
135costs as set forth in paragraph (3).
136     (5)  The district shall then acquire by sale or through
137eminent domain, under chapters 73 and 74, Florida Statutes, as
138amended from time to time, the necessary easements and build the
139road or make the necessary improvements to the existing road to
140meet all district specifications.
141     (6)  Thereafter, the road shall be dedicated to the
142district and maintained by the district under its general
143maintenance assessment.
144
145Notwithstanding anything contained herein, the district's
146ability, under chapter 298, Florida Statutes, to create and
147assess units of development shall be unaffected.
148     g.  The district shall have the power to adopt, by
149resolution, a uniform standard for culvert crossings, bridges,
150culverts, or other drainage systems that connect with or cross
151over any of the works of, or lie within the rights-of-way of,
152the district.  If the district so establishes a uniform
153standard, the district shall by resolution adopt procedures:
154     (1)  Which shall require notice of such uniform standards
155to be given to persons owning lands upon which, adjacent to, or,
156to the best of district's knowledge, using any culvert
157crossings, bridges, culverts, or other drainage systems that
158connect with or cross over any of the works of, or lie within
159the rights-of-way of, the district and to such other persons as
160the board of supervisors shall deem to be necessary or
161desirable, or both.
162     (2)  Which shall authorize granting permits for culvert
163crossings, bridges, culverts, or other drainage systems, or
164pursuant to such uniform standards, and the district may allow
165for permits to be applied for by a single landowner or by
166multiple landowners, provided that in the case of multiple
167landowners, such landowners establish a single entity to
168represent all such landowners to apply for and obtain the permit
169and construct and maintain the culvert crossings, bridges,
170culverts, or other drainage systems, subject to review by the
171district to ensure that said entity has the legal authority to
172assess such landowners for the cost of construction and
173maintenance of such culverts, drainage systems, culvert
174crossings, or bridges, that such power to assess runs with the
175land of the landowners creating the entity, and that the
176district can enforce such assessment power if necessary.
177     (3)(2)  Which shall, except as hereinafter provided,
178require as to culverts or other drainage systems not less than
17960-days' written notice to be given to persons owning lands upon
180which any culvert crossings, bridges, culverts, or other
181drainage systems exist in violation of any such uniform
182standards prior to the taking of any enforcement action by the
183district.
184     (3)  Which may provide for Less than 30-days' notice, in
185writing or otherwise, of violations of the uniform standards may
186be provided in emergency situations.
187     (4)  Which may provide that If, after such notice pursuant
188to this paragraph (2) or paragraph (3), any landowner shall fail
189to conform to such uniform standards, the district may enter
190upon such lands and take such action as necessary to cause such
191violation to be corrected and may assess the owner of such land
192for the district's costs in connection therewith.
193     (5)  Upon the failure of any property owner to pay any
194assessment levied by the board of supervisors pursuant to this
195paragraph (4) within 30 days of receipt by such owner of notice
196of said assessment, the district shall have a lien on all lands
197and premises affected thereby.  Such lien shall be superior and
198paramount to the interest in such land and premises of any
199owner, lessee, tenant, mortgagee, or other person except the
200lien of state, county, or district taxes and shall be on a
201parity with the lien of any such state, county, or district
202taxes.  Such lien shall bear interest at an annual rate equal to
203the interest rate due on judgments, pursuant to s. 55.03,
204Florida Statutes, per year and shall, until paid, remain in
205effect in perpetuity.
206     (4)  Which shall provide that in the event any culvert
207crossing or bridge, whether or not permitted by the district, is
208determined by the district to be restricting the normal
209conveyance of water in a district canal, the district shall
210notify the permitholder of said structure, or if there is no
211permit on file with the district for said structure, the
212district shall notify the landowner or landowners using such
213structure that the following options are available regarding the
214structure:
215     (a)  The structure may be repaired, by the permitholder or
216the landowner or landowners using the structure, in conformance
217with current district standards (as determined by a licensed
218engineer), including obtaining a permit from the district
219pursuant to its uniform standards and procedures.
220     (b)  The structure may be abandoned and removed by the
221permitholder at its expense or, if the structure has not been
222permitted, the district shall remove the structure and the
223district shall not be liable to any person or entity that uses
224such structure for its removal.
225     (c)  The landowner or landowners using such structure may
226apply for a permit to construct a conforming replacement
227structure.  This process shall require obtaining a permit issued
228by the district pursuant to its uniform standards and
229procedures, said permit to be contingent upon the removal of the
230nonconforming structure and the construction of a replacement
231structure at the sole expense of said landowner or landowners.
232     (d)  With respect to subparagraphs (a) and (c), in the
233event that there are multiple landowners involved, the
234landowners may establish a single entity as set forth in
235paragraph (2) to represent all such landowners.
236     (e)  Alternatively, the affected landowners may request the
237district, via referendum of the landowners utilizing the
238structure, upon a majority vote of such landowners, on a per-
239acre basis, to establish a special taxing unit of all such
240landowners to pay a special assessment to cover the initial
241costs, including, but not limited to, engineering fees, removal
242cost, repair or replacement construction cost, dedication of
243adjoining road, and permit fees and the structure shall
244thereafter be a district-owned structure maintained by the
245district.
246     (f)  The permitholder of a structure restricting the normal
247conveyance of water in a district canal, or if said structure is
248unpermitted, the landowner or landowners as reasonably
249determined by the district to be using such structure, shall
250have 60 days after notice is sent to respond to the district
251regarding which option set forth in this paragraph has been
252chosen and an additional 120 days to repair or remove said
253structure.  If the district does not receive a written response
254within the first 60 days after the notice has been sent, the
255structure shall be reviewed by the district's board of
256supervisors, which may deem the structure to be abandoned.  In
257emergency situations, the time periods for notice and response
258may be shortened by the district as is reasonable under the
259circumstances.
260
261Notwithstanding any provisions contained in this subsection, the
262ability of the district's board of supervisors under chapter
263298, Florida Statutes, to create and assess "units of
264development" shall be unaffected.
265     i.  The board of supervisors of the district, in order to
266carry out any of the powers set forth in subsections c.-g. may
267levy and impose special assessments against any or all of the
268real property within the district upon a determination that the
269construction, maintenance, improvement, repair, or operation of
270said improvements or services provided to existing improvements
271the roads or roadways provide a benefit to such real property.
272The assessments shall be imposed upon the property specially
273benefited by such construction, maintenance, improvement,
274repair, or operation in proportion to the benefits to be derived
275therefrom, and the special benefits shall be determined and
276prorated by a method prescribed by the board of supervisors.
277     j.  The district is authorized to provide from time to time
278for the issuance of special assessment bonds of the district to
279pay all or any part of the cost of a system of roads and
280roadways and any improvements thereto. The principal of and
281interest on any bonds shall be payable from special assessments
282sufficient to pay the bonds in the manner provided in the bonds,
283in this act, and the resolution authorizing such bonds.  The
284bonds shall be authorized by resolution or resolutions of the
285board of supervisors of the district, adopted by a majority of
286the supervisors present and voting at a meeting of the
287supervisors. The bonds shall bear interest at a rate or rates
288not in excess of the maximum rates permitted by general law, may
289be in one or more series, may bear such date or dates, and may
290mature at any time or times not exceeding 40 years from their
291respective dates, may be payable in such medium of payment, at
292such place or places within or without the State of Florida, may
293carry such registration privileges, may be subject to redemption
294prior to maturity, with or without premium, may be executed in
295such manner, may contain such terms, covenants, and conditions,
296and may be in such form otherwise as such resolution or
297subsequent resolutions shall provide.  The bonds may be sold or
298exchanged for refunding bonds, or delivered to contractors in
299payment for any part of the work or improvements financed by
300such bonds, or delivered in exchange for any properties, either
301real, personal, or both, to be acquired for such works or
302improvements, in such manner as the district in its discretion
303shall determine. Pending the preparation of the definitive
304bonds, interim certificates or receipts or temporary bonds in
305such form and with such provisions as the district may determine
306may be issued to the purchaser or purchasers of the bonds issued
307hereunder.  The bonds and such interim certificates or receipts
308or temporary bonds shall be fully negotiable and shall be and
309constitute negotiable instruments within the meaning of and for
310all purposes of the law merchant and the Uniform Commercial Code
311of the State of Florida. The proceeds of the sale of any such
312bonds shall be used solely for the payment of the costs of the
313district incurred or to be incurred in carrying out the powers
314set forth in subsection c., subsection d., subsection e., or
315subsection f., or subsection g., and shall be disbursed in such
316manner and under such restrictions as the district may provide
317in the authorizing resolution.  The district may also provide
318for the replacement of any bonds which become mutilated or are
319stolen, destroyed, or lost, upon proper indemnification.  A
320resolution providing for the issuance of special assessment
321bonds may also contain such limitations upon the issuance of
322additional bonds secured on a parity with the bonds theretofore
323issued as the district may deem proper.
324     Section 2.  This act shall take effect upon becoming a law.


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