HB 1561

1
A bill to be entitled
2An act relating to the South Broward Drainage District,
3Broward County; amending chapter 98-524, Laws of Florida;
4authorizing the board to levy and collect an annual ad
5valorem tax upon taxable real property only within the
6district; repealing s. 42 of chapter 98-524, Laws of
7Florida, relating to the maintenance tax; providing for a
8referendum; providing severability; providing an effective
9date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (10) of section 13 and sections 41,
1443, and 44 of chapter 98-524, Laws of Florida, are amended to
15read:
16     Section 13.  Powers.--The district shall have, and the
17board may exercise, any or all of the following powers:
18     (10)  To levy assess and impose upon all of the taxable
19real property lands in the district an annual ad valorem taxes
20drainage tax, an administrative tax, and a maintenance tax as
21hereinafter provided.
22     Section 41.  Ad valorem Operation and administrative
23tax.--To carry on the business of the district, to implement
24capital improvements, and to pay the administrative and
25operational costs thereof, and to maintain and preserve the
26drainage improvements of the district, and in addition to any
27other tax or assessment authorized to be levied, the district is
28authorized to levy an ad valorem a tax on all taxable real
29property the lands within the district as determined by the
30board for said purposes purpose. Such ad valorem tax shall be
31evidenced to and certified by the board of supervisors each year
32to the property appraiser, shall be entered by the property
33appraiser on the county tax rolls, and shall be collected by the
34tax collector in the same manner and time as county taxes and
35the proceeds therefrom are paid to the district. Until paid, the
36tax shall be a lien on the property against which assessed and
37shall be enforceable in like manner as county taxes. The amount
38of said ad valorem tax shall be determined by the board based
39upon a report of the chief engineer or director and assessed by
40the board upon such taxable real property, which may be all of
41the taxable real property within the district benefited by the
42operation, administration, and maintenance thereof.
43     Section 43.  Taxation and enforcement of taxes.--
44     (1)  Commencing with the fiscal year beginning October 1,
452007, the board of supervisors of the district is authorized to
46levy the aforestated ad valorem tax on all taxable real property
47within the district, up to and including 5 mills per dollar of
48assessed valuation. In the absence of any contrary action of the
49board of supervisors as herein provided, the tax rate for each
50calendar year shall be at the maximum provided herein.
51     (2)  Such taxes as provided herein and as may be determined
52necessary by the board of supervisors shall be certified to the
53property appraiser of Broward County by the board of supervisors
54of South Broward Drainage District, shall be placed upon the tax
55rolls of Broward County by the property appraiser, and shall be
56collected by the tax collector of Broward County, as now
57provided by law, and such taxes so levied shall become a lien
58under the law against the taxable real property within the
59boundaries of the South Broward Drainage District and shall be
60enforceable under the laws of this state pertaining to the South
61Broward Drainage District.
62     (3)  The manner and basis for taxation for the fiscal years
632005-2006 and 2006-2007 shall be the same as existed for the
64South Broward Drainage District prior to the enactment of this
65act.
66     (4)(1)  The collection and enforcement of all taxes levied
67by the district shall be at the same time and in the like manner
68as county taxes and the provisions of the Florida Statutes
69relating to the sale of lands for unpaid and delinquent county
70taxes, the issuance, sale, and delivery of tax certificates for
71such unpaid and delinquent county taxes, the redemption thereof,
72the issuance to individuals of tax deeds based thereon, and all
73other procedures in connection therewith shall be applicable to
74the district to the same extent as if said statutory provisions
75were expressly set forth herein. All taxes shall be subject to
76the same discounts as county taxes.
77     (2)  The provisions of subsection (1) shall not be
78applicable if the board has determined to levy and collect taxes
79under section 40(2).
80     (5)  The ad valorem tax provided for herein shall be in
81addition to county and municipal ad valorem taxes provided for
82by law.
83     (6)  The district shall have no authority to levy valorem
84taxes as provided herein unless such authority has been approved
85in a referendum by a majority vote of the electors residing in
86the 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
89delinquent and bear penalties on the amount of said taxes in the
90same manner as county taxes.
91     (2)  The provisions of subsection (1) shall not be
92applicable if the board has determined to levy and collect taxes
93under section 40(2).
94     Section 2.  Section 42 of chapter 98-524, Laws of Florida,
95is repealed.
96     Section 3.  Record certified copy of act.--A certified copy
97of this act shall be recorded in the Broward County Public
98Records by the South Broward Drainage District.
99     Section 4.  In accordance with the requirements of section
100101.161, Florida Statutes, and section 7 of this act, the
101Supervisor of Elections of Broward County shall place the title
102and substance of the referendum on the ballot as follows:
103
104
CHANGE SOUTH BROWARD DRAINAGE DISTRICT'S METHOD OF TAXATION
105
TO AD VALOREM TAX UPON TAXABLE REAL PROPERTY
106Shall the South Broward Drainage District's method of taxation
107be changed from assessment per acre/unit to ad valorem tax upon
108taxable real property, at a rate not to exceed 5 mills?
109Yes____
110No_____
111
112     Section 5.  The vote for this act shall occur at the
113November 2006 general election.
114     Section 6.  In the event any section or provision of this
115act is determined to be invalid or unenforceable, such
116determination shall not affect the validity or enforceability of
117each other section and provision of this act and to this end,
118the provisions of this act shall be declared severable.
119     Section 7.  This act shall take effect upon becoming a law,
120except that sections 1 and 2 shall take effect only upon their
121approval by a majority vote of those qualified electors of the
122South Broward Drainage District voting in a referendum held in
123conjunction with the November 2006 general election by the
124Broward County Supervisor of Elections in accordance with the
125provisions of law relating to elections currently in force and
126this act.


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