HB 973

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 all taxable property within the district;
6amending the amount for which advertisement for bids is
7required for the procurement by the district of
8contractual services and purchase of goods, supplies, and
9materials to comply with state statutory requirements;
10repealing section 42 of section 2 of chapter 98-524, Laws
11of Florida, relating to the maintenance tax; providing for
12a referendum; providing severability; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (10) of section 13 and sections 41,
1843, and 44 of section 2 of chapter 98-524, Laws of Florida, are
19amended to read:
20     Section 13.  Powers.--The district shall have, and the
21board may exercise, any or all of the following powers:
22     (10)  To levy assess and impose upon all of the taxable
23property lands in the district an annual ad valorem taxes
24drainage tax, an administrative tax, and a maintenance tax as
25hereinafter provided.
26     Section 41.  Ad valorem Operation and administrative
27tax.--To carry on the business of the district, to implement
28capital improvements, and to pay the administrative and
29operational costs thereof, and to maintain and preserve the
30drainage improvements of the district, and in addition to any
31other tax or assessment authorized to be levied, the district is
32authorized to levy an ad valorem a tax on all taxable property
33the lands within the district as determined by the board for
34said purposes purpose. Such ad valorem tax shall be evidenced to
35and certified by the board of supervisors each year to the
36property appraiser, shall be entered by the property appraiser
37on the county tax rolls, and shall be collected by the revenue
38collector in the same manner and time as county taxes and the
39proceeds therefrom paid to the district. Until paid, the tax
40shall be a lien on the property against which assessed and shall
41be enforceable in like manner as county taxes. The amount of
42said ad valorem tax shall be determined by the board based upon
43a report of the chief engineer or director and assessed by the
44board upon such taxable property, which may be all of the
45taxable property within the district benefited by the operation,
46administration, and maintenance thereof.
47     Section 43.  Taxation and enforcement of taxes.--
48     (1)  Commencing with the fiscal year beginning October 1,
492007, the board of supervisors of the district is authorized to
50levy the aforestated ad valorem tax on all taxable property
51within the district, up to and including 5 mills per dollar of
52assessed valuation. In the absence of any contrary action of the
53board of supervisors as herein provided, the tax rate for each
54calendar year shall be at the maximum provided herein.
55     (2)  Such taxes as provided herein and as may be determined
56necessary by the board of supervisors shall be certified to the
57property appraiser of Broward County by the board of supervisors
58of the South Broward Drainage District, shall be placed upon the
59tax rolls of Broward County by the property appraiser, and shall
60be collected by the revenue collector of Broward County, as now
61provided by law, and such taxes so levied shall become a lien
62under the law against the taxable property within the boundaries
63of the South Broward Drainage District and shall be enforceable
64under the laws of this state pertaining to the South Broward
65Drainage District.
66     (3)  The manner and basis for taxation for the fiscal year
672006-2007 shall be the same as existed for the South Broward
68Drainage District prior to the enactment of this act.
69     (4)(1)  The collection and enforcement of all taxes levied
70by the district shall be at the same time and in the like manner
71as county taxes and the provisions of the Florida Statutes
72relating to the sale of lands for unpaid and delinquent county
73taxes, the issuance, sale, and delivery of tax certificates for
74such unpaid and delinquent county taxes, the redemption thereof,
75the issuance to individuals of tax deeds based thereon, and all
76other procedures in connection therewith shall be applicable to
77the district to the same extent as if said statutory provisions
78were expressly set forth herein. All taxes shall be subject to
79the same discounts as county taxes.
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 ad
84valorem taxes as provided herein unless such authority has been
85approved in a referendum by a majority vote of the electors
86residing in the district voting on the question.
87     (2)  The provisions of subsection (1) shall not be
88applicable if the board has determined to levy and collect taxes
89under section 40(2).
90     Section 44.  When unpaid tax is delinquent; penalty.--
91     (1)  All taxes provided for in this act shall become
92delinquent and bear penalties on the amount of said taxes in the
93same manner as county taxes.
94     (2)  The provisions of subsection (1) shall not be
95applicable if the board has determined to levy and collect taxes
96under section 40(2).
97     Section 2.  Subsection (1) of section 53 of section 2 of
98chapter 98-524, Laws of Florida, is amended to read:
99     Section 53.  Procurement of contractual services and
100purchase of goods, supplies, and materials.--
101     (1)  All contracts let by the board for professional
102architectural, engineering, landscape architectural, or land
103surveying services for any project authorized by chapter 98-524,
104Laws of Florida, as amended, this act shall be in compliance
105with section s. 287.055, Florida Statutes, as amended. Except as
106stated herein and as provided by section s. 287.055, Florida
107Statutes, as amended, no contract shall be let by the board for
108the construction or maintenance of any improvements authorized
109under chapter 98-524, Laws of Florida, as amended this act, nor
110shall any goods, supplies, or materials be purchased, when the
111amount thereof to be paid by the district shall exceed the
112threshold amount provided in section 287.017(1), Florida
113Statutes, as amended, for CATEGORY TWO $10,000, unless notice of
114bids shall be advertised once a week for 2 consecutive weeks in
115a newspaper in general circulation in Broward County, and in
116each case the bid of the lowest responsible bidder shall be
117accepted, unless all bids are rejected because the bids are too
118high. The board may require the bidders to furnish bond with
119responsible surety to be approved by the board. Nothing in this
120section shall prevent the board from undertaking and performing
121the construction, operation, and maintenance of any project,
122facility, or improvements authorized under chapter 98-524, Laws
123of Florida, as amended, this act by the employment of labor,
124material, and machinery.
125     Section 3.  Section 42 of section 2 of chapter 98-524, Laws
126of Florida, is repealed.
127     Section 4.  A certified copy of this act shall be recorded
128in the Broward County Public Records by the South Broward
129Drainage District.
130     Section 5.  In accordance with the requirements of section
131101.161, Florida Statutes, and section 7 of this act, the
132Broward County Supervisor of Elections shall place the title and
133substance of the referendum on the ballot as follows:
134
135CHANGE THE SOUTH BROWARD DRAINAGE DISTRICT'S METHOD OF TAXATION
136TO AD VALOREM TAX UPON TAXABLE PROPERTY
137
138Shall the South Broward Drainage District's method of taxation
139be changed from assessment per acre/unit to ad valorem tax upon
140taxable property, at a rate not to exceed 5 mills?
141
142_____ Yes
143_____ No
144
145     Section 6.  If any provision of this act or the application
146thereof to any person or circumstance is held invalid, the
147invalidity shall not affect other provisions or applications of
148the act which can be given effect without the invalid provision
149or application, and to this end the provisions of this act are
150declared severable.
151     Section 7.  This act shall take effect upon becoming a law,
152except that sections 1 and 3 shall take effect only upon their
153approval by a majority vote of those qualified electors of the
154South Broward Drainage District voting in a referendum held in
155conjunction with the November 7, 2006, general election by the
156Broward County Supervisor of Elections in accordance with the
157provisions of law relating to elections currently in force and
158this act.


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