Senate Bill sb2460

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    Florida Senate - 2005                                  SB 2460

    By Senator Atwater





    25-902A-05

  1                      A bill to be entitled

  2         An act relating to drainage and water control

  3         districts; amending s. 298.22, F.S.;

  4         authorizing the board of supervisors of a

  5         district to purchase or lease real or personal

  6         property; amending s. 298.225, F.S.; requiring

  7         the board of supervisors to submit a plan or

  8         amendment for review only for those projects

  9         that require a permit from the jurisdictional

10         water management district pursuant to ch. 373,

11         F.S.; providing that an engineer's report is

12         exempt from parts of the plan-adoption process

13         if it meets certain criteria; providing that

14         minor or insubstantial amendments or engineer's

15         reports may be adopted by resolution of the

16         board of supervisors; providing that certain

17         engineer's reports constitute a minor,

18         insubstantial amendment; amending s. 298.301,

19         F.S.; clarifying requirements for holding the

20         final hearing on approval of a proposed plan or

21         plan amendment; requiring that proposed

22         revisions to the engineer's report, water

23         control plans, or plan amendments be heard and

24         determined by the board of supervisors;

25         authorizing the board to approve and confirm

26         the engineer's report and water plan or plan

27         amendment or order the report or amendment

28         changed to conform with its findings; amending

29         s. 298.341, F.S.; providing that assessments

30         constitute a lien from January 1 of each year

31         that assessable property is liable for district

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    Florida Senate - 2005                                  SB 2460
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 1         assessments; amending s. 298.77, F.S.;

 2         requiring that an engineer's report be revised

 3         accordingly if there is a material change in

 4         the value of land; providing an effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Subsection (3) of section 298.22, Florida

 9  Statutes, is amended to read:

10         298.22  Powers of supervisors.--The board of

11  supervisors of the district has full power and authority to

12  construct, complete, operate, maintain, repair, and replace

13  any and all works and improvements necessary to execute the

14  water control plan. Subject to the applicable provisions of

15  chapter 373 or chapter 403, the board of supervisors:

16         (3)  May build and construct any other works and

17  improvements deemed necessary to preserve and maintain the

18  works in or out of said district; acquire, construct, operate,

19  maintain, use, purchase, sell, lease, convey, or transfer real

20  or personal property, including or otherwise provide for

21  pumping stations, including pumping machinery, motive

22  equipment, electric lines, and all appurtenant or auxiliary

23  machines, devices, or equipment.

24         Section 2.  Subsections (5) and (8) of section 298.225,

25  Florida Statutes, are amended to read:

26         298.225  Water control plan; plan development and

27  amendment.--

28         (5)  Before final adoption of the water control plan or

29  plan amendment under s. 298.301, the board of supervisors must

30  submit the proposed plan or amendment to the jurisdictional

31  water management district for review for only those projects

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    Florida Senate - 2005                                  SB 2460
    25-902A-05




 1  that require a permit pursuant to chapter 373 from the

 2  jurisdictional water management district. Within 60 90 days

 3  after receipt of the proposed water control plan or amendment,

 4  the governing board of the jurisdictional water management

 5  district, or the executive director or designee, if delegated,

 6  must review the proposed plan or amendment for consistency

 7  with the applicable water resource plans and policies and

 8  recommend to the board of supervisors any proposed changes. If

 9  the jurisdictional water management district determines that

10  the proposed plan or amendment is incomplete, it may notify

11  the water control district and request additional information.

12  Upon such request, the deadline for review may be extended as

13  agreed by the water control district and the jurisdictional

14  water management district. Within 60 days after receipt of the

15  applicable water management district's recommended changes,

16  the board of supervisors shall include the recommendations in

17  the water control plan or plan amendment to the extent

18  practicable. If the recommendations are not incorporated, the

19  board of supervisors must specify its reasons in the water

20  control plan or plan amendment adopted. A copy of the water

21  control plan must be filed with the jurisdictional water

22  management district and each local general purpose government

23  within which all or a portion of the district's lands are

24  located.

25         (8)  If the preparation of a water control plan,

26  engineer's report, or amendments thereto amendment under this

27  section does not result in revision of the district's current

28  plan or require the alteration or increase of any levy of

29  assessments or taxes beyond the maximum amount previously

30  authorized by general law, special law, or judicial

31  proceeding, a change in the use of said assessments or taxes,

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    Florida Senate - 2005                                  SB 2460
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 1  or substantial change to district facilities, the provisions

 2  of s. 298.301(2)-(9) do not apply to the plan adoption

 3  process. This section and s. 298.301 do not apply to minor,

 4  insubstantial amendments to district plans or engineer's

 5  reports, and such amendments or reports may be adopted by

 6  resolution of the board of supervisors. Minor, insubstantial

 7  amendments include amendments to the:

 8         (a)  Water control plan which replace, relocate,

 9  reconstruct, or improve and upgrade district facilities and

10  operations consistent with the adopted water control plan, but

11  which do not require increasing assessments beyond the maximum

12  amount authorized by law; or.

13         (b)  Engineer's reports which do not increase the total

14  assessment of benefits.

15         Section 3.  Subsection (2), (6), and (8) of section

16  298.301, Florida Statutes, are amended to read:

17         298.301  District water control plan adoption; district

18  boundary modification; plan amendment; notice forms;

19  objections; hearings; assessments.--

20         (2)  Before adopting a water control plan or plan

21  amendment, the board of supervisors must adopt a resolution to

22  consider adoption of the proposed plan or plan amendment. As

23  soon as the resolution proposing the adoption or amendment of

24  the district's water control plan has been filed with the

25  district secretary, the board of supervisors shall give notice

26  of a public hearing on the proposed plan or plan amendment by

27  causing publication to be made once a week for 3 consecutive

28  weeks in a newspaper of general circulation published in each

29  county in which lands and other property described in the

30  resolution are situated. The notice must be in substantially

31  the following form:

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    Florida Senate - 2005                                  SB 2460
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 1  

 2                        Notice of Hearing

 3  

 4         To the owners and all persons interested in the lands

 5  corporate, and other property in and adjacent to the ...name

 6  of district... District.

 7         You are notified that the ...name of district...

 8  District has filed in the office of the secretary of the

 9  district a resolution to consider approval of a water control

10  plan or an amendment to the current water control plan to

11  provide ...here insert a summary of the proposed water control

12  plan or plan amendment.... On or before its scheduled meeting

13  of ...(date and time)... at the district's offices located at

14  ...(list address of offices)... written objections to the

15  proposed plan or plan amendment may be filed at the district's

16  offices. A public hearing on the proposed plan or plan

17  amendment will be conducted at the scheduled meeting, and

18  written objections will be considered at that time. At the

19  conclusion of the hearing, the board of supervisors may

20  determine to proceed with the process for approval of the

21  proposed plan or plan amendment and direct the district

22  engineer to prepare an engineer's report identifying any

23  property to be taken, determining benefits and damages, and

24  estimating the cost of implementing the improvements

25  associated with the proposed plan or plan amendment. A final

26  hearing on approval of the proposed plan or plan amendment and

27  engineer's report shall be duly noticed and held at a

28  regularly scheduled board of supervisors meeting at least 25

29  days but no later than within 60 days after the last scheduled

30  publication of the notice of filing of the engineer's report

31  with the secretary of the district.

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    Florida Senate - 2005                                  SB 2460
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 1  

 2         Date of first publication:  ........,

 3         ...(year)...

 4         ............................................

 5         (Chair or President, Board of Supervisors)

 6         ................ County, Florida

 7  

 8         (6)  Upon the filing of the notice of filing of the

 9  engineer's report, the board of supervisors shall give notice

10  thereof by arranging the publication of the report together

11  with a geographical depiction of the district once a week for

12  2 consecutive weeks in a newspaper of general circulation in

13  each county in the district. A location map or legal

14  description of the land constitutes a geographical depiction.

15  The notice must be substantially as follows:

16  

17              Notice of Filing Engineer's Report for

18                    ................ District

19  

20         Notice is given to all persons interested in the

21  following described land and property in ........ County (or

22  Counties), Florida, viz.: ...(Here describe land and

23  property)... included within the ............ district that

24  the engineer hereto appointed to determine benefits and

25  damages to the property and lands situated in the district and

26  to determine the estimated cost of construction required by

27  the water control plan, within or without the limits of the

28  district, under the proposed water control plan or plan

29  amendment, filed her or his report in the office of the

30  secretary of the district, located at ...(list address of

31  district offices),... on the ........ day of ............,

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    Florida Senate - 2005                                  SB 2460
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 1  ...(year)..., and you may examine the report and file written

 2  objections with the secretary of the district to all, or any

 3  part thereof, on or before ...(enter date 20 days after the

 4  last scheduled publication of this notice, which date must be

 5  before the date of the final hearing).... The report

 6  recommends ...(describe benefits and damages)....  A final

 7  hearing to consider approval of the report and proposed water

 8  control plan or plan amendment shall be held ...(time, place,

 9  and date at least 30 days but no later than 60 days after the

10  last scheduled publication of this notice)....

11  

12         Date of first publication:  ........,

13         ...(year)...

14         ............................................

15         (Chair or President, Board of Supervisors)

16         ................ County, Florida

17  

18         (8)  All objections and proposed revisions to the

19  engineer's report, water control plan, or plan amendment must

20  be heard and determined by the board of supervisors at the

21  public hearing so as to carry out liberally the purposes and

22  needs of the district. If the board of supervisors determines

23  at the final public hearing, upon examination of the

24  engineer's report and upon hearing all of the objections or

25  proposed revisions, that the estimated cost of construction of

26  improvements contemplated in the plan or plan amendment is

27  less than the benefits determined for the lands in the

28  district, the board of supervisors may approve and confirm the

29  engineer's report and water control plan or plan amendment; or

30  but, if the board of supervisors determines that any of the

31  objections or proposed revisions to the engineer's report,

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    Florida Senate - 2005                                  SB 2460
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 1  water control plan, or plan amendment should be sustained or

 2  implemented, it shall order the engineer's report and water

 3  control plan or plan amendment changed to conform with its

 4  findings, and when changed, the board of supervisors shall

 5  approve and confirm or disapprove, as appropriate, the

 6  engineer's report, water control plan, or plan amendment and

 7  enter its order approving or disapproving, as appropriate, the

 8  engineer's report and proposed water control plan or plan

 9  amendment as so revised. When any land or other property is

10  shown by the engineer's report to be needed for rights-of-way,

11  or other works, the board of supervisors may institute

12  proceedings under chapter 73 or chapter 74 in the circuit

13  court of the proper county to condemn the lands and other

14  property that must be taken or damaged in the making of

15  improvements, with the right and privilege of paying into

16  court a sum to be fixed by the circuit court judge and of

17  proceeding with the work, before the assessment by the jury.

18         Section 4.  Section 298.341, Florida Statutes, is

19  amended to read:

20         298.341  When unpaid assessments delinquent;

21  penalty.--All non-ad valorem assessments provided for in this

22  chapter become delinquent and bear penalties on the amount of

23  the assessments in the same manner as county taxes. The

24  assessments shall, from January 1 of each year that assessable

25  property is liable for district assessments, constitute a lien

26  until paid on the property against which assessed and are

27  enforceable in the same manner as county taxes.

28         Section 5.  Subsection (3) of section 298.77, Florida

29  Statutes, is amended to read:

30         298.77  Readjustment of assessments; procedure, notice,

31  hearings.--

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    Florida Senate - 2005                                  SB 2460
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 1         (3)  Any interested person may file an answer to the

 2  petition before the return day and, if so, shall be duly

 3  heard, but, if not, the cause shall proceed ex parte.  Upon

 4  the hearing of the petition, if the board shall find that

 5  there has been a material change in the values of the lands in

 6  the district since the last previous assessment of benefits,

 7  contributed to by the drainage system, and that the other

 8  material allegations of the petition herein required to be set

 9  forth are substantially true, the board of supervisors shall

10  order that there be made a readjustment of the assessment of

11  benefits for the purpose of providing a basis upon which to

12  levy further and future taxes for the payment of the

13  obligations of, and maintaining the drainage system in, the

14  district, and the engineer's report shall be revised

15  accordingly. Thereupon, the board of supervisors shall proceed

16  pursuant to s. 298.301 to make such readjustment of assessment

17  of benefits to each piece or parcel of land which has accrued

18  or will accrue as a result of the drainage system. Provided,

19  in making the readjustment of the assessment of benefits, the

20  board of supervisors shall not increase the existing

21  assessment, or unpaid portion thereof, on any piece or parcel

22  of land; provided, further, that after the making of such

23  readjustment, the limitation of 10 percent of the annual

24  maintenance tax which may be levied shall apply to the amount

25  of benefits as readjusted.

26         Section 6.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  

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    Florida Senate - 2005                                  SB 2460
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that, among other available actions, the board
      of supervisors of a water control district may purchase
 4    or lease real or personal property should this board deem
      it necessary. Provides that only when projects require a
 5    permit from the jurisdictional water management district
      must the board of supervisors submit a plan or amendment
 6    for review. Provides that an engineer's report that meets
      certain criteria may also be exempt from parts of the
 7    plan-adoption process. Further defines "a minor,
      insubstantial amendment." Amends the timeline within
 8    which a final hearing on appeal must be held. Requires
      the board of supervisors to hear all proposed revisions
 9    to the engineer's report, water control plans, or plan
      amendment. Provides that the board may approve and
10    confirm the engineer's report, water plan, or plan
      amendment or else order them changed to conform with its
11    findings. Sets a timeline for which assessment on
      property constitutes a lien. Requires that the engineer's
12    report be revised if there has been a material change in
      the value of the land.
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