1 | A bill to be entitled |
2 | An act relating to the South Broward Drainage District, |
3 | Broward County; amending chapter 98-524, Laws of Florida; |
4 | authorizing the board to levy and collect an annual ad |
5 | valorem tax upon taxable real property only within the |
6 | district; repealing s. 42 of chapter 98-524, Laws of |
7 | Florida, relating to the maintenance tax; providing for a |
8 | referendum; providing severability; providing an effective |
9 | date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsection (10) of section 13 and sections 41, |
14 | 43, and 44 of chapter 98-524, Laws of Florida, are amended to |
15 | read: |
16 | Section 13. Powers.--The district shall have, and the |
17 | board may exercise, any or all of the following powers: |
18 | (10) To levy assess and impose upon all of the taxable |
19 | real property lands in the district an annual ad valorem taxes |
20 | drainage tax, an administrative tax, and a maintenance tax as |
21 | hereinafter provided. |
22 | Section 41. Ad valorem Operation and administrative |
23 | tax.--To carry on the business of the district, to implement |
24 | capital improvements, and to pay the administrative and |
25 | operational costs thereof, and to maintain and preserve the |
26 | drainage improvements of the district, and in addition to any |
27 | other tax or assessment authorized to be levied, the district is |
28 | authorized to levy an ad valorem a tax on all taxable real |
29 | property the lands within the district as determined by the |
30 | board for said purposes purpose. Such ad valorem tax shall be |
31 | evidenced to and certified by the board of supervisors each year |
32 | to the property appraiser, shall be entered by the property |
33 | appraiser on the county tax rolls, and shall be collected by the |
34 | tax collector in the same manner and time as county taxes and |
35 | the proceeds therefrom are paid to the district. Until paid, the |
36 | tax shall be a lien on the property against which assessed and |
37 | shall be enforceable in like manner as county taxes. The amount |
38 | of said ad valorem tax shall be determined by the board based |
39 | upon a report of the chief engineer or director and assessed by |
40 | the board upon such taxable real property, which may be all of |
41 | the taxable real property within the district benefited by the |
42 | operation, administration, and maintenance thereof. |
43 | Section 43. Taxation and enforcement of taxes.-- |
44 | (1) Commencing with the fiscal year beginning October 1, |
45 | 2007, the board of supervisors of the district is authorized to |
46 | levy the aforestated ad valorem tax on all taxable real property |
47 | within the district, up to and including 5 mills per dollar of |
48 | assessed valuation. In the absence of any contrary action of the |
49 | board of supervisors as herein provided, the tax rate for each |
50 | calendar year shall be at the maximum provided herein. |
51 | (2) Such taxes as provided herein and as may be determined |
52 | necessary by the board of supervisors shall be certified to the |
53 | property appraiser of Broward County by the board of supervisors |
54 | of South Broward Drainage District, shall be placed upon the tax |
55 | rolls of Broward County by the property appraiser, and shall be |
56 | collected by the tax collector of Broward County, as now |
57 | provided by law, and such taxes so levied shall become a lien |
58 | under the law against the taxable real property within the |
59 | boundaries of the South Broward Drainage District and shall be |
60 | enforceable under the laws of this state pertaining to the South |
61 | Broward Drainage District. |
62 | (3) The manner and basis for taxation for the fiscal years |
63 | 2005-2006 and 2006-2007 shall be the same as existed for the |
64 | South Broward Drainage District prior to the enactment of this |
65 | act. |
66 | (4)(1) The collection and enforcement of all taxes levied |
67 | by the district shall be at the same time and in the like manner |
68 | as county taxes and the provisions of the Florida Statutes |
69 | relating to the sale of lands for unpaid and delinquent county |
70 | taxes, the issuance, sale, and delivery of tax certificates for |
71 | such unpaid and delinquent county taxes, the redemption thereof, |
72 | the issuance to individuals of tax deeds based thereon, and all |
73 | other procedures in connection therewith shall be applicable to |
74 | the district to the same extent as if said statutory provisions |
75 | were expressly set forth herein. All taxes shall be subject to |
76 | the same discounts as county taxes. |
77 | (2) The provisions of subsection (1) shall not be |
78 | applicable if the board has determined to levy and collect taxes |
79 | under section 40(2). |
80 | (5) The ad valorem tax provided for herein shall be in |
81 | addition to county and municipal ad valorem taxes provided for |
82 | by law. |
83 | (6) The district shall have no authority to levy valorem |
84 | taxes as provided herein unless such authority has been approved |
85 | in a referendum by a majority vote of the electors residing in |
86 | the district voting on the question. |
87 | Section 44. When unpaid tax is delinquent; penalty.-- |
88 | (1) All taxes provided for in this act shall become |
89 | delinquent and bear penalties on the amount of said taxes in the |
90 | same manner as county taxes. |
91 | (2) The provisions of subsection (1) shall not be |
92 | applicable if the board has determined to levy and collect taxes |
93 | under section 40(2). |
94 | Section 2. Section 42 of chapter 98-524, Laws of Florida, |
95 | is repealed. |
96 | Section 3. Record certified copy of act.--A certified copy |
97 | of this act shall be recorded in the Broward County Public |
98 | Records by the South Broward Drainage District. |
99 | Section 4. In accordance with the requirements of section |
100 | 101.161, Florida Statutes, and section 7 of this act, the |
101 | Supervisor of Elections of Broward County shall place the title |
102 | and substance of the referendum on the ballot as follows: |
103 |
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104 | CHANGE SOUTH BROWARD DRAINAGE DISTRICT'S METHOD OF TAXATION |
105 | TO AD VALOREM TAX UPON TAXABLE REAL PROPERTY |
106 | Shall the South Broward Drainage District's method of taxation |
107 | be changed from assessment per acre/unit to ad valorem tax upon |
108 | taxable real property, at a rate not to exceed 5 mills? |
109 | Yes____ |
110 | No_____ |
111 |
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112 | Section 5. The vote for this act shall occur at the |
113 | November 2006 general election. |
114 | Section 6. In the event any section or provision of this |
115 | act is determined to be invalid or unenforceable, such |
116 | determination shall not affect the validity or enforceability of |
117 | each other section and provision of this act and to this end, |
118 | the provisions of this act shall be declared severable. |
119 | Section 7. This act shall take effect upon becoming a law, |
120 | except that sections 1 and 2 shall take effect only upon their |
121 | approval by a majority vote of those qualified electors of the |
122 | South Broward Drainage District voting in a referendum held in |
123 | conjunction with the November 2006 general election by the |
124 | Broward County Supervisor of Elections in accordance with the |
125 | provisions of law relating to elections currently in force and |
126 | this act. |