HB 1389

CS

CHAMBER ACTION

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

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