HB 1533

1
A bill to be entitled
2An act relating to the South Broward Drainage District,
3Broward County; amending chapter 98-524, Laws of Florida,
4as amended; providing for changing designation of
5supervisors to commissioners; deleting reference to
6landowner meetings; providing for notice and call of
7emergency meetings of the board; amending the amount for
8which advertisement for bids is required for the
9procurement by the district of contractual services and
10the purchase of goods, supplies, and materials to comply
11with general law; clarifying the terms of office for
12commissioners; revising the events that will result in a
13revision of the boundaries of the commission zones;
14redesignating the office of president of the board to
15chairperson of the board; creating the office of vice
16chairperson of the board; providing for a designation of
17who shall preside at meetings of the board; providing for
18election of officers of the board; clarifying the
19commission zones that will be up for election for 2008,
202010, and subsequent years; revising inconsistent
21provisions; providing severability; providing an effective
22date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsections (3) and (8) of section 9, section
2712, subsection (15) of section 13, sections 18, 20, 23, and 39,
28subsection (1) of section 40, section 42, subsection (1) of
29section 47, subsections (1), (3), and (5) of section 50,
30subsection (1) of section 53, and section 67 of section 2 of
31chapter 98-524, Laws of Florida, are amended to read:
32     Section 9.  Definitions.--
33     (3)  "Board" means the board of commissioners supervisors
34of the South Broward Drainage District, or, if such district
35shall be abolished, the board, body, or commission succeeding to
36the principal functions thereof or to whom the powers given by
37this act to the board of commissioners supervisors shall be
38given by law.
39     (8)  "Project" means any development, improvement,
40property, utility, facility, works, road, enterprise, service,
41or convenience, now existing or hereafter undertaken or
42established, that under the provisions of this act or under
43chapter 298, Florida Statutes, the district is authorized to
44construct, acquire, undertake, and furnish for its own use or
45for the use of any other person, firm, or corporation, owning,
46leasing, or otherwise using the same, for any purpose or
47activity, and shall include, without limitation, such repairs,
48replacements, additions, extensions, and betterments to any
49project as may be deemed necessary or desirable by the board of
50commissioners supervisors to place or to maintain such project
51in proper condition for the same, efficient, and economic
52operation thereof.
53     Section 12.  Compensation of board.--Each commissioner
54supervisor shall be entitled to receive for his or her services
55an amount approved by resolution of the board not to exceed
56$400.00 per month. In addition, each commissioner supervisor
57shall receive reasonable travel expenses for attending the place
58of meeting from his or her residence. Unless the board by
59resolution otherwise provides, such travel expenses shall not be
60in excess of the amounts provided by law for state and county
61officials.
62     Section 13.  Powers.--The district shall have, and the
63board may exercise, any or all of the following powers:
64     (15)  To employ engineers, attorneys, agents, employees,
65and representatives as the board of  supervisors may from time
66to time determine necessary and to fix their compensation and
67duties.
68     Section 18.  Fiscal year.--The board of supervisors, by
69resolution, shall establish the fiscal year for the district.
70     Section 20.  Notice and call of board meetings of
71landowners; quorum; adjournments; representation at meetings;
72taking action without meeting.--
73     (1)  The board shall publish notice of all meetings of the
74board at least 7 days landowners once a week for 2 consecutive
75weeks prior to such meeting in a newspaper of general
76circulation in Broward County. Meetings of the board landowners
77shall be held in a public place, or any other place made
78available for the purpose of such meeting, in Broward County,
79and the place, date, and hour of holding such meeting and the
80purpose thereof shall be stated in the notice. Those landowners
81present in person or by proxy shall constitute a quorum at any
82meeting of the landowners.
83     (2)  The board may call special meetings of the landowners
84at any time to receive reports of the board or for such other
85purpose as the board may determine. In the event of an emergency
86as determined by the district director, the chairperson, or the
87vice chairperson of the board which requires immediate board
88action, such notice as is reasonable under the circumstances
89shall be provided. A special meeting of the landowners may also
90be called at any time upon notice as provided in this section at
91the written request of the owners of not less than 25 percent in
92acreage of the land within the district for the purpose of
93taking any lawful action by the landowners of the district. Such
94special meeting shall be called by any court of competent
95jurisdiction in the event that the board fails to do so upon
96request as provided in this section. Except as otherwise
97provided in Section 10 with respect to the election of
98supervisors, action taken at a meeting of the landowners shall
99be by affirmative vote of the owners of a majority of the
100acreage represented at such meeting.
101     (3)  At any meeting of the landowners, guardians may
102represent their wards; executors and administrators may
103represent the estate of deceased persons; trustees may represent
104lands held by them in trust; and private corporations may be
105represented by their duly authorized proxy. All landowners,
106including guardians, executors, administrators, trustees, and
107corporations, may be represented and vote by proxy.
108     (4)  Any action required or that may be taken at a meeting
109of the landowners may be taken without a meeting or notice of
110meeting being given upon the written consent of all of the
111landowners.
112     Section 23.  Assessing land for reclamation; apportionment
113of tax; drainage tax record.--The board shall, without any
114unnecessary delay, levy a tax of such portion of benefits of the
115district's plan of reclamation on all lands in the district to
116which benefits have been assessed, as may be found necessary by
117the board of supervisors to pay the costs of the completion of
118the proposed works and improvements, as shown in said plan of
119reclamation and in carrying out the objects of said district;
120and, in addition thereto, 10 percent of said total amount for
121emergencies. The said tax shall be apportioned to, and levied
122on, each tract of land in said district in proportion to the
123benefits assessed, and not in excess thereof; and in case bonds
124are issued, as provided in this act, a tax shall be levied in a
125sum not less than an amount 90 percent of which shall be equal
126to the principal of said bonds. The amount of bonds to be issued
127for paying the cost of the works as set forth in the plan of
128reclamation shall be ascertained and determined by the board;
129however, the total amount of all bonds to be issued by the
130district shall in no case exceed 90 percent of the benefits
131assessed upon the lands of the district. The amount of the
132interest, as estimated by said board, which will accrue on such
133bonds, shall be included and added to the said tax, but the
134interest to accrue on account of the issuing of said bonds shall
135not be construed as a part of the costs of construction in
136determining whether or not the expenses and costs of making said
137improvements are equal to, or in excess of, the benefits
138assessed. The secretary of the board of supervisors, or the
139director, as soon as said total tax is levied, shall, at the
140expense of the district, prepare a list of all taxies levied, in
141the form of a well bound book, which book shall be endorsed and
142named "DRAINAGE TAX RECORD OF SOUTH BROWARD DRAINAGE DISTRICT,
143BROWARD COUNTY, FLORIDA", which endorsement shall be printed or
144written at the top of each page in said book, and shall be
145signed and certified by the chairperson president and secretary
146of the board, attested by affixing the seal of the district, and
147the same shall thereafter become a permanent record in the
148office of said secretary or director. In the alternative, so
149long as the Broward County property appraiser or revenue
150collector assesses and collects the taxes and assessments
151authorized by this section, the records of the Broward County
152property appraiser shall satisfy the requirements of the
153drainage tax record of the district.
154     Section 39.  Pledge by the state to the bondholders of the
155district and to the Federal Government.--The state pledges to
156the holders of any bonds issued under this act that it will not
157limit or alter the rights of the district to own, acquire,
158construct, reconstruct, improve, maintain, operate, or furnish
159the projects or to levy and collect the taxes, assessments,
160rentals, rates, fees, tolls, fares, and other charges provided
161for herein and to fulfill the terms of any agreement made with
162the holders of such bonds or other obligations, that it will not
163in any way impair the rights or remedies of the holders, and
164that it will not modify in any way the exemption from taxation
165provided in the act, until all such bonds together with interest
166thereon, and all costs and expenses in connection with any
167action or proceeding by or on behalf of such holders, are fully
168met and discharged. The state pledges to and agrees with the
169Federal Government that in the event the Federal Government or
170any agency or authority thereof shall construct or contribute
171any funds, materials, or property for the construction,
172acquisition, extension, improvement, enlargement, maintenance,
173operation, or furnishing of any of the projects of the district,
174or any part thereof, the state will not alter or limit the
175rights and powers of the district in any manner which would be
176inconsistent with the continued maintenance and operation of
177such project, or any part thereof, or the improvement thereof,
178or which would be inconsistent with the due performance of any
179agreements between the district and the Federal Government, and
180the district shall continue to have and may exercise all powers
181herein granted so long as the board of supervisors may deem the
182same necessary or desirable for the carrying out of the purposes
183of this act and the purposes of the Federal Government in the
184construction, acquisition, extension, improvement, enlargement,
185maintenance, operation, or furnishing of any of the projects of
186the district, or any part thereof.
187     Section 40.  Annual installment taxes.--
188     (1)  The board shall annually determine, order and levy the
189annual installment of the total taxes which are levied under
190section 23 or under section s. 298.36, Florida Statutes, which
191shall be due and be collected during each year that county taxes
192are due and collected and said annual installment and levy shall
193be evidenced to and certified by the board of supervisors each
194year to the Broward County Property Appraiser. Said tax shall be
195entered by the county property appraiser on the county tax rolls
196and shall be collected by the Broward County revenue collector
197in the same manner and same time as county taxes and the
198proceeds thereof paid to the district. The tax shall be a lien
199until paid on the property against which assessed and
200enforceable in like manner as county taxes.
201     Section 42.  Maintenance tax.--To maintain and preserve the
202drainage improvements of the district, a maintenance tax shall
203be evidenced to and certified by the board of supervisors each
204year to the property appraiser and shall be entered by the
205property appraiser on the county tax rolls and shall, be
206collected by the revenue collector in the same manner and time
207as county taxes and the proceeds therefrom paid to the district.
208The tax shall be a lien until paid on the property against which
209assessed and enforceable in like manner as county taxes. The
210amount of said maintenance tax shall be determined by the board
211based upon a report of the chief engineer or director and
212assessed by the board upon such lands, which may be all of the
213lands within the district, benefited by the maintenance thereof.
214     Section 47.  Foreclosure of liens.--
215     (1)  Any lien in favor of the district arising under
216chapter 298, Florida Statutes, or under this act may be
217foreclosed by the district by bringing foreclosure proceedings
218in the name of the district in the circuit court in like manner
219as is provided in chapter 173, Florida Statutes, and amendments
220thereto, and the provisions of the chapter shall be applicable
221to such proceedings with the same force and effect as if the
222provisions were expressly set forth in this act. Any act
223required or authorized to be done by or on behalf of a city or
224town in foreclosure proceedings under chapter 173, Florida
225Statutes, may be performed by such officer or agent of the
226district as the board of supervisors may designate. Such
227foreclosure proceedings may be brought at any time after the
228expiration of 1 year from the date any tax, or installment
229thereof, becomes delinquent.
230     Section 50.  Unit development; powers of board of
231supervisors to designate units of district and adopt system of
232progressive drainage by units; plans of reclamation and
233financing assessments for each unit; amendment of unit plan.--
234     (1)  The board of supervisors of the district is authorized
235in its discretion to drain and reclaim and place under water
236control or more completely and intensively to drain and reclaim
237and place under water control the lands in the district by
238designated areas or parts of the district to be called "units".
239The units into which the district may be so divided shall be
240given appropriate numbers or names by the board, so that the
241units may be readily identified and distinguished. The board
242shall have the power to fix and determine the location, area,
243and boundaries of lands to be included in each and all such
244units, the order of development thereof, and the method of
245carrying on the work in each unit. The unit system of drainage
246provided by this section may be conducted and all of the
247proceedings by this section and this act authorized in respect
248to such unit or units may be carried on and conducted at the
249same time as or after the work of draining and reclaiming of the
250entire district has been or is being or shall be instituted or
251carried on under the provisions of this act or under chapter
252298, Florida Statutes, or both.
253     (3)  As soon as practicable after the adoption of such
254resolution, the board shall publish notice once a week for 2
255consecutive weeks in a newspaper or newspapers published and of
256general circulation in Broward County, briefly describing the
257units into which the district has been divided and the lands
258embraced in each unit, giving the name, number or other
259designation of such units, requiring all owners of lands in the
260district to show cause in writing before the board at a time and
261place to be stated in such notice why such division of the
262district into such units should not be approved, and the system
263of development by units should not be adopted and given effect
264by the board, and why the proceedings and powers authorized by
265this section should not be had, taken and exercised. At the time
266and place stated in the notice, the board of supervisors shall
267hear all objections or causes of objection, all of which shall
268be in writing, of any landowner in the district who may appear
269in person or by attorney, to the matters mentioned and referred
270to in such notice, and, if no objections are made, or if
271objections are made and overruled by the board, then the board
272shall enter in its minutes its finding and order confirming the
273resolution, and may thereafter proceed with the development,
274drainage, and reclamation of the district by units pursuant to
275such resolution and to the provisions of this act. The failure
276to make objections as provided in this subsection shall
277constitute a waiver of such objection, and, if any objection
278shall be made and overruled or otherwise not sustained,
279confirmation of the resolution shall be the final adjudication
280of the issues presented unless a judicial proceeding is
281initiated within 10 days after such ruling.
282     (5)  When the resolutions creating the unit system shall be
283confirmed by the board, or by the circuit court, if such
284proposed action shall be challenged by a landowner by the
285judicial proceedings authorized in this section, the board may
286adopt a plan or plans of reclamation for and in respect to any
287or all such units, and to have the benefits and damages
288resulting therefrom assessed and apportioned in like manner as
289is provided by chapter 298, Florida Statutes, in regard to plans
290of reclamation for the assessments of benefits and damages of
291the entire district, or in like manner as is provided for in
292this act for the assessments of benefits. The board shall have
293the same powers in respect to each and all of such units as is
294vested in them with respect to the entire district. All the
295provisions of this act shall apply to the drainage, reclamation,
296and improvement of each, any, and all such units, and the
297enumeration of or reference to specific powers or duties of the
298commissioners supervisors or any other officers or other matters
299in this act, as set forth in this act, shall not limit or
300restrict the application of any and all of the proceedings and
301powers herein to the drainage and reclamation of such units as
302fully and completely as if such unit or units were specifically
303and expressly named in every section and clause of this act  
304where the entire district is mentioned or referred to. Unless
305the board by resolution otherwise provides, all assessments,
306levies, taxes, bonds, and other obligations made, levied,
307assessed, or issued for or in respect to any such unit or units
308shall be a lien and charge solely and only upon the lands in
309such unit or units, respectively, for the benefit of which the
310same shall be levied, made, or issued, and not upon the
311remaining units or lands in the district.
312     Section 53.  Procurement of contractual services and
313purchase of goods, supplies, and materials.--
314     (1)  All contracts let by the board for professional
315architectural, engineering, landscape architectural, or land
316surveying and mapping services for any project authorized by
317this act shall be in compliance with section s. 287.055, Florida
318Statutes, as amended. Except as stated herein and as provided by
319section s. 287.055, Florida Statutes, as amended, no contract
320shall be let by the board for the construction or maintenance of
321any improvements authorized under this act, nor shall any goods,
322supplies, or materials be purchased, when the amount thereof to
323be paid by the district shall exceed the threshold amount
324provided in section 287.017(1), Florida Statutes, for category
325two $10,000,unless notice of bids shall be advertised once a
326week for 2 consecutive weeks in a newspaper in general
327circulation in Broward County, and in each case the bid of the
328lowest responsible bidder shall be accepted, unless all bids are
329rejected because the bids are too high.  The board may require
330the bidders to furnish bond with responsible surety to be
331approved by the board.  Nothing in this section shall prevent
332the board from undertaking and performing the construction,
333operation, and maintenance of any project, facility, or
334improvements authorized under this act by the employment of
335labor, material, and machinery.
336     Section 67.  Bailey Drainage District's contracts and
337agreements to be approved by South Broward Drainage
338District.--Beginning on March 12, 1992, no contracts or
339agreements entered into by the Bailey Drainage District which
340contain obligations of Bailey Drainage District that are not
341provided for in the Bailey Drainage District budget for fiscal
342year 1991-1992 shall be valid unless approved by a majority of
343the board Board of Supervisors of the South Broward Drainage
344District.
345     Section 2.  Subsections (1), (2), (3), (4), (6), (7), (8),
346(10), (11), (12), and (14) of section 10 of chapter 98-524, Laws
347of Florida, as amended by chapter 2004-459, Laws of Florida, are
348amended to read:
349     Section 10.  Board of commissioners supervisors; election;
350organization; terms of office; benefits; quorum; report and
351minutes.--
352     (1)  The board of commissioners supervisors of the district
353shall be the governing body of the district and shall exercise
354the powers granted to the district under this act and under
355chapter 298, Florida Statutes. The board shall consist of six
356members, until the first meeting of the board following
357certification of the November 2006 election, and seven members
358who shall be known as commissioners thereafter. Except as
359otherwise provided herein, each member shall hold office for a
360term of 4 years and until his or her successor shall be chosen
361and shall qualify.
362     (2)  Beginning with the November 2004 election, A candidate
363for the office of commissioner supervisor shall, at the time of
364his or her qualification for office, be a qualified elector of
365the South Broward Drainage District and shall qualify with the
366county supervisor of elections in accordance with the Florida
367Election Code and this act. To be a qualified candidate of the
368South Broward Drainage District, he or she shall, at the time of
369his or her qualification, have continuously resided within the
370boundaries of the district and within the respective zone that
371he or she may represent for the 60 days immediately preceding
372his or her qualifying for office and until he or she is inducted
373into office. Each commissioner supervisor shall reside within
374the district and within the geographical zone he or she
375represents during his or her entire term in office, but any
376commissioner supervisor who has the boundaries of his or her
377zone changed and because of said change no longer resides within
378the zone he or she represents shall remain in office until the
379normal expiration of his or her term.
380     (3)  Notwithstanding any other provision of this act, the
381persons who are members of the former board of supervisors of
382the district in office when this act takes effect shall
383constitute the members of the board of commissioners until the
384next election for their seats. Those members of the board whose
385terms expire in November 2008 June 2004 shall remain members of
386the board and their terms shall be extended from June 2004 until
387their successors are inducted into office at the first regularly
388scheduled meeting of the board following certification of the
389November 2008 2004 general election. Those members of the board
390whose terms expire in November 2010 June 2006 shall remain
391members of the board and their terms shall be extended from June
3922006 until their successors are inducted into office at the
393first regularly scheduled meeting of the board following
394certification of the November 2010 2006 general election.
395     (4)  After the effective date of this act, Except as stated
396herein, all commissioners supervisors shall be elected by the
397qualified electors of the district on a nonpartisan basis.
398Except as stated herein, the seven commissioners supervisors
399shall be elected from seven single-member zones which shall be
400identified as Zone 1, Zone 2, Zone 3, Zone 4, Zone 5, Zone 6,
401and Zone 7. The commissioners supervisors shall be elected from
402the registered voters of each respective zone.
403     (6)  Commencing with the first regularly scheduled meeting
404of the board following certification of the November 2006
405general election, Except as stated in this act, the board shall
406be composed of seven members as follows:
407     (a)  Three supervisors shall be elected In the general
408election of November 2008 and in the November general election
409of every 4th year thereafter, 2004. At the November 2004 general
410election, one commissioner supervisor shall be elected from the
411combined registered voters from Zone Zones 1 and 2, one
412commissioner supervisor shall be elected from the combined
413registered voters from Zone Zones 3 and 4, and one commissioner
414supervisor shall be elected from the combined registered voters
415from Zone Zones 5, 6, and 7. The commissioners supervisors
416elected in November 2008 2004 shall serve until their terms
417expire in November 2012 2008.
418     (b)  In the general election of November 2010 2006, and in
419the November general election of every fourth year thereafter,
420one commissioner supervisor shall be elected from the zone in
421which the supervisor elected in 2004 from Zones 1 and Zone 2 is
422not a resident, one commissioner supervisor shall be elected
423from the zone in which the supervisor elected in 2004 from Zones
4243 and Zone 4 is not a resident, and, one commissioner supervisor
425shall be elected from each of the two zones in which the
426supervisor elected in 2004 from Zones Zone 5, and one
427commissioner shall be elected from Zone 7. The commissioners
428elected in November 2010 shall serve until their terms expire in
429November 2014, 6, and 7 is not a resident.
430     (c)  In the general election of November 2008, the zones in
431which the supervisors elected in 2004 reside and whose terms of
432office expire in November 2008 shall be designated as the zones
433whose representatives shall be elected in 2008 and in the
434November general election of every fourth year thereafter.
435     (c)(d)  If only one candidate qualifies for an office, that
436candidate shall be deemed elected. If two or more candidates
437qualify for an office, the names of those candidates shall be
438placed on the ballot for the designated November general
439election.
440     (d)(e)  The candidate receiving the highest number of votes
441cast for the office of commissioner supervisor for each
442respective zone at each respective election shall be declared
443elected to such office. If the vote results in a tie, the
444outcome shall be determined by lot.
445     (e)(f)  Commissioners Supervisors elected or reelected
446shall be inducted into office at the first regularly scheduled
447meeting of the board following certification of the election.
448     (7)  Except as provided in this section, election of
449commissioners supervisors shall be as provided in the Florida
450Election Code and revisions thereto.
451     (8)  The boundaries of Zones 1, 2, 3, 4, 5, 6, and 7 shall
452be reviewed and revised by the board upon the occurrence of any
453of the following events:
454     (a)  Property is added to the district's geographical area
455changes by 10 percent or more;
456     (b)  The district's population changes by 10 percent or
457more since the previous determination of the single-member zone
458boundaries;
459     (c)  Property is deleted from the district's geographical
460area Any annexation, deannexation, or merger causes the
461population of the district to increase or decrease by 5 percent
462or more; or
463     (d)  The passage of at least 10 years since the previous
464review of the single-member zone boundaries. If the population
465of the single-member zones meets the requirements of subsection
466(9), the boundaries of the single-member zones may remain as
467is;.
468     (e)  The population of any one or more zones increases or
469decreases by more than 10 percent since the previous boundary
470revision; or
471     (f)  Five of the seven commissioners approve a resolution
472to revise the boundaries.
473     (10)  Each commissioner supervisor, before entering upon
474his or her official duties, shall take and subscribe to an oath
475of office as prescribed in section s. 298.13, Florida Statutes.
476     (11)  All commissioners supervisors shall hold office for
477the terms for which they are elected or appointed and until
478their successors shall be chosen and qualify. In case of a
479vacancy in the office of any commissioner supervisor, the
480remaining commissioner supervisor or commissioners supervisors,
481even though less than a quorum, may fill such vacancy for the
482unexpired term of the commissioner supervisor who vacated his or
483her office.
484     (12)  At the first meeting of the board following the
485effective date of this act, certification of the general
486election of November 2004 and at the first regularly scheduled
487meeting of the board following certification of the general
488election in the month of November of every even-numbered other
489year thereafter, the board shall organize by electing from
490choosing one of their members a chairperson, a vice chairperson,
491president, a secretary, and a treasurer of the board. The
492chairperson shall preside at all meetings. In the chairperson's
493absence, the vice chairperson shall preside over the meeting and
494have the same powers as the chairperson. In the absence of both
495the chairperson and vice chairperson, the board members who are
496present shall select a member of the board by majority vote of
497those members present who shall preside over the meeting as
498acting chairperson and have the same powers as the chairperson.
499     (14)  Except as stated in sections 12 and 14, the
500commissioners supervisors of the district shall not receive any
501benefits, including, but not limited to, state or district
502retirement, health insurance, medical insurance, dental
503insurance, or life insurance.
504     Section 3.  A certified copy of this act shall be recorded
505in the Broward County Public Records by the South Broward
506Drainage District.
507     Section 4.  If any provision of this act or the application
508thereof to any person or circumstance is held invalid, the
509invalidity shall not affect other provisions or applications of
510this act which can be given effect without the invalid provision
511or application, and to this end the provisions of this act are
512declared severable.
513     Section 5.  This act shall take effect upon becoming a law.


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