HB 1389

1	A bill to be entitled
2	An act relating to water control districts; amending s.
3	298.22, F.S.; revising powers of the board of supervisors
4	to execute water control plans; amending s. 298.225, F.S.;
5	revising provisions for water control plan development and
6	amendment; amending s. 298.301, F.S.; revising water
7	control plan adoption procedures; amending s. 298.341,
8	F.S.; revising provisions for assessment liens; amending
9	s. 298.77, F.S.; providing for revision of the engineer's
10	report pursuant to an assessment readjustment; providing
11	an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (3) of section 298.22, Florida
16	Statutes, is amended to read:
17	298.22  Powers of supervisors.--The board of supervisors of
18	the district has full power and authority to construct,
19	complete, operate, maintain, repair, and replace any and all
20	works and improvements necessary to execute the water control
21	plan. Subject to the applicable provisions of chapter 373 or
22	chapter 403, the board of supervisors:
23	(3)  May build and construct any other works and
24	improvements deemed necessary to preserve and maintain the works
25	in or out of said district; acquire, construct, operate,
26	maintain, use, purchase, sell, lease, convey, or transfer real
27	or personal property, including or otherwise provide for pumping
28	stations, including pumping machinery, motive equipment,
29	electric lines and all appurtenant or auxiliary machines,
30	devices, or equipment.
31	Section 2.  Subsections (5) and (8) of section 298.225,
32	Florida Statutes, are amended to read:
33	298.225  Water control plan; plan development and
34	amendment.--
35	(5)  Before final adoption of the water control plan or
36	plan amendment under s. 298.301, the board of supervisors must
37	submit the proposed plan or amendment for only those projects
38	that require a permit from the jurisdictional water management
39	district, pursuant to chapter 373, to the jurisdictional water
40	management district for review. Within 60 90 days after receipt
41	of the proposed water control plan or amendment, the governing
42	board of the jurisdictional water management district, or the
43	executive director or designee, if delegated, must review the
44	proposed plan or amendment for consistency with the applicable
45	water resource plans and policies and recommend to the board of
46	supervisors any proposed changes. If the jurisdictional water
47	management district determines that the proposed plan or
48	amendment is incomplete, it may notify the water control
49	district and request additional information. Upon such request,
50	the deadline for review may be extended as agreed by the water
51	control district and the jurisdictional water management
52	district. Within 60 days after receipt of the applicable water
53	management district's recommended changes, the board of
54	supervisors shall include the recommendations in the water
55	control plan or plan amendment to the extent practicable. If the
56	recommendations are not incorporated, the board of supervisors
57	must specify its reasons in the water control plan or plan
58	amendment adopted. A copy of the water control plan must be
59	filed with the jurisdictional water management district and each
60	local general purpose government within which all or a portion
61	of the district's lands are located.
62	(8)  If the preparation of a water control plan, engineer's
63	report, or amendments thereto amendment under this section do
64	does not result in revision of the district's current plan or
65	require the alteration or increase of any levy of assessments or
66	taxes beyond the maximum amount previously authorized by general
67	law, special law, or judicial proceeding, a change in the use of
68	said assessments or taxes, or substantial change to district
69	facilities, the provisions of s. 298.301(2)-(9) do not apply to
70	the plan adoption process. This section and s. 298.301 do not
71	apply to minor, insubstantial amendments to district plans or
72	engineer's reports, and such amendments or reports may be
73	adopted by resolution of the board of supervisors. Minor,
74	insubstantial amendments include amendments to the water control
75	plan which replace, relocate, reconstruct, or improve and
76	upgrade district facilities and operations consistent with the
77	adopted water control plan, but which do not require increasing
78	assessments beyond the maximum amount authorized by law, or
79	amendments to engineer's reports which do not increase the total
80	assessment of benefits.
81	Section 3.  Subsections (2), (6), and (8) of section
82	298.301, Florida Statutes, are amended to read:
83	298.301  District water control plan adoption; district
84	boundary modification; plan amendment; notice forms; objections;
85	hearings; assessments.--
86	(2)  Before adopting a water control plan or plan
87	amendment, the board of supervisors must adopt a resolution to
88	consider adoption of the proposed plan or plan amendment. As
89	soon as the resolution proposing the adoption or amendment of
90	the district's water control plan has been filed with the
91	district secretary, the board of supervisors shall give notice
92	of a public hearing on the proposed plan or plan amendment by
93	causing publication to be made once a week for 3 consecutive
94	weeks in a newspaper of general circulation published in each
95	county in which lands and other property described in the
96	resolution are situated. The notice must be in substantially the
97	following form:
98
99	Notice of Hearing
100
101	To the owners and all persons interested in the lands
102	corporate, and other property in and adjacent to the   name of
103	district   District.
104	You are notified that the   name of district   District has
105	filed in the office of the secretary of the district a
106	resolution to consider approval of a water control plan or an
107	amendment to the current water control plan to provide   here
108	insert a summary of the proposed water control plan or plan
109	amendment  . On or before its scheduled meeting of   (date and
110	time)   at the district's offices located at   (list address of
111	offices)   written objections to the proposed plan or plan
112	amendment may be filed at the district's offices. A public
113	hearing on the proposed plan or plan amendment will be conducted
114	at the scheduled meeting, and written objections will be
115	considered at that time. At the conclusion of the hearing, the
116	board of supervisors may determine to proceed with the process
117	for approval of the proposed plan or plan amendment and direct
118	the district engineer to prepare an engineer's report
119	identifying any property to be taken, determining benefits and
120	damages, and estimating the cost of implementing the
121	improvements associated with the proposed plan or plan
122	amendment. A final hearing on approval of the proposed plan or
123	plan amendment and engineer's report shall be duly noticed and
124	held at a regularly scheduled board of supervisors meeting at
125	least 25 days but no later than within 60 days after the last
126	scheduled publication of the notice of filing of the engineer's
127	report with the secretary of the district.
128
129
130	Date of first publication: __________,   (year)
131	_______________________________________________________
132
133	(Chair or President, Board of Supervisors)
134
135	____________________ County, Florida
136
137	(6)  Upon the filing of the engineer's report, the board of
138	supervisors shall give notice thereof by arranging the
139	publication of the notice of filing of the engineer's report
140	together with a geographical depiction of the district once a
141	week for 2 consecutive weeks in a newspaper of general
142	circulation in each county in the district. A location map or
143	legal description of the land shall constitute a geographical
144	depiction. The notice must be substantially as follows:
145
146	Notice of Filing Engineer's Report for
147	____________________ District
148
149	Notice is given to all persons interested in the following
150	described land and property in __________ County (or Counties),
151	Florida, viz.:   (Here describe land and property)   included
152	within the _______________ district that the engineer hereto
153	appointed to determine benefits and damages to the property and
154	lands situated in the district and to determine the estimated
155	cost of construction required by the water control plan, within
156	or without the limits of the district, under the proposed water
157	control plan or plan amendment, filed her or his report in the
158	office of the secretary of the district, located at   (list
159	address of district offices),   on the __________ day of
160	_______________,   (year)  , and you may examine the report and
161	file written objections with the secretary of the district to
162	all, or any part thereof, on or before   (enter date 20 days
163	after the last scheduled publication of this notice, which date
164	must be before the date of the final hearing)  . The report
165	recommends   (describe benefits and damages)  . A final hearing
166	to consider approval of the report and proposed water control
167	plan or plan amendment shall be held   (time, place, and date at
168	least 25 30 days but no later than 60 days after the last
169	scheduled publication of this notice)  .
170
171	Date of first publication: __________,   (year)
172	_______________________________________________________
173
174	(Chair or President, Board of Supervisors)
175
176	____________________ County, Florida
177
178	(8)  All objections and proposed revisions to the
179	engineer's report, water control plan, or plan amendment must be
180	heard and determined by the board of supervisors at the public
181	hearing so as to carry out liberally the purposes and needs of
182	the district. If the board of supervisors determines at the
183	final public hearing, upon examination of the engineer's report
184	and upon hearing all of the objections or proposed revisions,
185	that the estimated cost of construction of improvements
186	contemplated in the plan or plan amendment is less than the
187	benefits determined for the lands in the district, the board of
188	supervisors may approve and confirm the engineer's report and
189	water control plan or plan amendment; or but, if the board of
190	supervisors determines that any of the objections or proposed
191	revisions to the engineer's report, water control plan, or plan
192	amendment should be sustained or implemented, it shall order the
193	engineer's report and water control plan or plan amendment
194	changed to conform with its findings, and when changed, the
195	board of supervisors shall approve and confirm or disapprove, as
196	appropriate, the engineer's report and water control plan or
197	plan amendment and enter its order approving or disapproving, as
198	appropriate, the engineer's report and proposed water control
199	plan or plan amendment as so revised. When any land or other
200	property is shown by the engineer's report to be needed for
201	rights-of-way, or other works, the board of supervisors may
202	institute proceedings under chapter 73 or chapter 74 in the
203	circuit court of the proper county to condemn the lands and
204	other property that must be taken or damaged in the making of
205	improvements, with the right and privilege of paying into court
206	a sum to be fixed by the circuit court judge and of proceeding
207	with the work, before the assessment by the jury.
208	Section 4.  Section 298.341, Florida Statutes, is amended
209	to read:
210	298.341  When unpaid assessments delinquent; penalty.--All
211	non-ad valorem assessments provided for in this chapter become
212	delinquent and bear penalties on the amount of the assessments
213	in the same manner as county taxes. The assessments shall, from
214	January 1 of each year assessable property is liable for
215	district assessments, constitute a lien until paid on the
216	property against which assessed and are enforceable in the same
217	manner as county taxes.
218	Section 5.  Subsection (3) of section 298.77, Florida
219	Statutes, is amended to read:
220	298.77  Readjustment of assessments; procedure, notice,
221	hearings.--
222	(3)  Any interested person may file an answer to the
223	petition before the return day and, if so, shall be duly heard,
224	but, if not, the cause shall proceed ex parte. Upon the hearing
225	of the petition, if the board shall find that there has been a
226	material change in the values of the lands in the district since
227	the last previous assessment of benefits, contributed to by the
228	drainage system, and that the other material allegations of the
229	petition herein required to be set forth are substantially true,
230	the board of supervisors shall order that there be made a
231	readjustment of the assessment of benefits for the purpose of
232	providing a basis upon which to levy further and future taxes
233	for the payment of the obligations of, and maintaining the
234	drainage system in, the district, and shall order the engineer's
235	report to be revised accordingly. Thereupon, the board of
236	supervisors shall proceed pursuant to s. 298.301 to make such
237	readjustment of assessment of benefits to each piece or parcel
238	of land which has accrued or will accrue as a result of the
239	drainage system. Provided, in making the readjustment of the
240	assessment of benefits, the board of supervisors shall not
241	increase the existing assessment, or unpaid portion thereof, on
242	any piece or parcel of land; provided, further, that after the
243	making of such readjustment, the limitation of 10 percent of the
244	annual maintenance tax which may be levied shall apply to the
245	amount of benefits as readjusted.
246	Section 6.  This act shall take effect upon becoming law.

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