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

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