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

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