HB 1059

1	A bill to be entitled
2	An act relating to the Central Broward Water Control
3	District, Broward County; amending chapter 98-501, Laws of
4	Florida, as amended; providing for flood protection
5	services; revising the geographical boundaries of the
6	district; revising powers of the district with respect to
7	construction and imposition of liens; deleting or updating
8	obsolete language; revising the geographical boundaries of
9	district zones for the election of commissioners; revising
10	residency requirements for commissioner qualification;
11	revising requirements for the filling of vacancies on the
12	board of commissioners; revising provisions relating to
13	filing fees and oath of office; providing the procedure
14	for selection of chair and vice chair in the event of a
15	deadlock; revising quorum requirements; requiring certain
16	commissioners to preside over meetings of the board in the
17	absence of the chair and vice chair; deleting provisions
18	relating to a special warrant for collection of drainage
19	taxes; revising powers of the board in carrying out the
20	state comprehensive water management plan; revising
21	rulemaking authority of the board; revising eminent domain
22	provisions; revising language relating to obstruction of
23	certain district facilities; clarifying language relating
24	to the adoption of certain subdivision regulations;
25	prohibiting the amount paid by the district for contracted
26	goods or services from exceeding certain statutory
27	requirements unless certain notice is published in a
28	newspaper of general circulation; providing severability;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Sections 2 through 7, 12, 17, 33, 34, 37
34	through 40, and 42 of section 2 of chapter 98-501, Laws of
35	Florida, as amended by chapter 2002-362, Laws of Florida, are
36	amended, and section 43 is added to that section, to read:
37	Section 2.  District created and boundaries thereof.--The
38	creation of the Central Broward Water Control District with the
39	powers herein vested in it by this act is to further the best
40	interests of the public, health, safety, and welfare inasmuch as
41	proper drainage, flood protection, and water management are is
42	necessary to protect said lands hereinafter described. That for
43	the purpose of providing drainage, flood protection, and water
44	management services conducted pursuant to this section for the
45	lands hereinafter described and for other purposes stated in
46	this act, a drainage and water management district is hereby
47	created and established in Broward County, to be known as the
48	Central Broward Water Control District, an independent special
49	district, the geographical boundaries of which shall include the
50	following land lying, being, and situate in Broward County,
51	Florida, to wit:
52
53	Begin at the intersection of the east right-of-way line
54	of State Road #7 and its intersection with the south
55	line of Tier 1; as shown by the Plat of NEWMAN'S SURVEY,
56	as recorded in Plat Book 2, Page 26, of the Public
57	Records of Miami-Dade County, Florida, (All subsequent
58	references to Tract and Tier number refer to this plat);
59	thence westerly, along the south line of Tiers 1, 3, 5,
60	7, and 9, and their prolongations thereof, to an
61	intersection with the northerly extension of the east
62	line of Tract 7, Section 25, Township 50 South, Range 41
63	East, as shown on said plat of NEWMAN'S SURVEY; thence
64	southerly, along said northerly extension and said east
65	line, to the southeast corner of said Tract 7; thence
66	westerly, along the south line of said Tract 7 and its
67	westerly prolongation, to the northeast corner of Tract
68	9 of said Section 25; thence southerly, along the east
69	line of said Tract 9, to the southeast corner of said
70	Tract 9; thence westerly, along the south line of said
71	Tract 9, to the southwest corner of said Tract 9; thence
72	northerly, along the west line of Tracts 9 and 8, and
73	their northerly prolongation to an intersection with the
74	south line of Tier 13; thence westerly, along the south
75	line of Tiers 13, 15, 17, 19, 23, 25, 27, and 29, and
76	their prolongations thereof, to the southwest corner of
77	Tract 8, Tier 29; thence northerly, along the west line
78	of Tier 29, to the southwest corner of Tract 4, Tier 29;
79	thence westerly, along the south line of Tract 4, Tiers
80	31, 33, 35 and 37 and their prolongations thereof, to
81	the Southwest corner of Tract 4, Tier 37; thence
82	northerly, along the west line of said Tier 37, to the
83	intersection with the centerline of the right-of-way of
84	the North New River Canal; thence northwesterly, along
85	said centerline, to the intersection with the west line
86	of Section 4, Township 50 South, Range 40 East; thence
87	southerly, along the west lines of Sections 4, 9, 16, 21
88	and 28, of Township 50 South, Range 40 East, to the
89	physical centerline of the South New River Canal; thence
90	meandering easterly, northeasterly, northerly,
91	northwesterly, northeasterly, southeasterly and easterly
92	along said physical centerline, to its intersection with
93	the west line of Section 27, Township 50 South, Range 40
94	East; thence southerly, along the west line of Sections
95	27 and 34, Township 50 South, Range 40 East, and
96	continuing southerly, along the west line of Section 3,
97	Township 51 South, Range 40 East to the southwest corner
98	of said Section 3; thence easterly, along the south line
99	of Sections 3, 2, and 1, Township 51 South, Range 40
100	East and continuing easterly, along the south line of
101	Sections 6, 5 and 4, Township 51 South, Range 41 east,
102	to the northwest corner of Section 10, Township 51
103	South, Range 41 East; thence, southerly, along the west
104	line of said Section 10, to the west one-quarter (W
105	1/4)corner of said Section 10; thence, easterly, along
106	the south line of the north one-half (N1/2) of Sections
107	10, 11 and 12, Township 51 South, Range 41 East, to an
108	intersection with a line 80 feet east of, as measured at
109	right angles to, and parallel with the west right-of-way
110	line of Florida's Turnpike; thence, northerly, along
111	said parallel line, and continuing 80 feet east of said
112	right-of-way, to an intersection with the south line of
113	Section 36, Township 50 South, Range 41 East; thence,
114	easterly, along said south line, to an intersection with
115	the east right-of-way line of State Road #7; thence
116	northerly, along said east right of way, to the Point of
117	Beginning. Starting at the intersection of the East
118	Right-of-way line of State Road #7 and its intersection
119	with the South line of Tier 3; as shown by the Plat of
120	NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26 of
121	the Public Records of Dade County, Florida (All
122	subsequent references to Tract and Tier number refer to
123	this plat), for the point of beginning; thence Westerly
124	along the South line of Tiers 3, 5, 7 and 9, and their
125	prolongations thereof, to an intersection with the
126	Northerly extension of the East line of Tract 7, Section
127	25, Township 50 South, Range 41 East, as shown on said
128	plat of NEWMAN'S SURVEY; thence Southerly along the East
129	line of Tract 7 to the Southeast corner of said Tract 7;
130	thence Westerly along the South line of said Tract 7 to
131	the Northeast corner of tract 9 of said Section 25;
132	thence Southerly along the East line of said Tract 9 to
133	the Southeast corner of said Tract 9; thence Westerly,
134	along the South line of said Tract 9 to the Southwest
135	corner of said Tract 9; thence Northerly along the West
136	line of Tracts 9 and 8 and their Northerly prolongation
137	to an intersection with the South line of Tier 13;
138	thence Westerly along the South line of Tiers 15, 17,
139	19, 21, 23, 25, 27 and 29, and their prolongations
140	thereof to the Southwest corner of Tract 8, Tier 29;
141	thence Northerly along the West line of Tier 29 to the
142	Southwest corner of Tract 4, Tier 29; thence Westerly
143	along the South line of Tract 4, Tiers 31, 33, 35 and 37
144	and their prolongations thereof to the Southwest corner
145	of Tract 4, Tier 37; thence run Northerly along the West
146	line of said Tier 37, to the North right-of-way line of
147	the North New River Canal; thence run northwesterly
148	along the north side of the north bank of the said canal
149	to the intersection of said bank with the west line of
150	Section 4, Township 50 South, Range 40 East; thence
151	southerly along the west line of Sections 4, 9, 16, 21
152	and 28 of Township 50 South, Range 40 East, to the South
153	side of the south bank of the South New River Canal;
154	thence Easterly along the south side of the south bank
155	the South New River canal to its intersection with the
156	west line of Section 27, Township 50 South, Range 40
157	East; thence southerly along the west line of Sections
158	27 and 34, Township 50 South, Range 40 East and
159	continuing along the West line of Section 3 Township 51
160	South, Range 40 East to the Southwest corner of Section
161	3, Township 51 South, Range 40 East; thence east along
162	the south line of Sections 3, 2 and 1 in Township 51
163	South, Range 40 East and continuing along the south line
164	of Sections 6, 5 and 4, in Township 51 South, Range 41
165	East, to the northwest corner of Section 10, Township 51
166	South, Range 41 East; thence, run south along the west
167	line of said Section 10 to the southwest corner of the
168	north half of said Section 10; thence, run east along
169	the south line of the north half of Sections 10, 11 and
170	12, in Township 51 South, Range 41 East, to the east
171	bank of the drainage ditch along the west side of the
172	Florida Turnpike; thence, run north along the east bank
173	of said ditch to the south line of Section 36, Township
174	50 South, Range 41 East; thence, run east along the
175	south line of said Section 36 to the east side of State
176	Road #7; thence, in a northerly direction along the east
177	side of said State Road #7 to the point of beginning.
178
179	Section 3.  Powers.--The district is hereby granted and
180	shall have full power and authority as follows:
181	a.  To contract and be contracted with.
182	b.  To sue and be sued.
183	c.  To plead and to be impleaded in all courts.
184	d.  To acquire by purchase, gift, devise, condemnation,
185	eminent domain, or otherwise, property, real or personal, or any
186	estate therein, within or without the district, to be used for
187	any purpose necessary or to meet the needs of any of the
188	purposes of this act.
189	e.  To establish, construct, operate, and maintain a system
190	of main and lateral canals, drains, ditches, levees, dikes,
191	dams, sluices, locks, revetments, reservoirs, holding basins,
192	floodways, pumping stations, syphons, culverts, and storm
193	sewers, and to connect some or any of them as within the
194	judgment of the board of commissioners is deemed advisable to
195	drain and provide water management services conducted pursuant
196	to this section for the lands within the district created.
197	f.  To acquire and maintain appropriate sites for storage
198	and maintenance of the equipment of the district.
199	g.  To acquire and maintain and/or construct a suitable
200	building to house the offices and records of the district.
201	h.  To have all the powers and rights of a body corporate
202	and to adopt and use a seal and to alter the same at the
203	pleasure of a majority of the board of commissioners.
204	i.  To clean out, straighten, widen, open up or change the
205	course and flow, alter, or deepen any canal, ditch, drain,
206	river, water course, or natural stream as within the judgment of
207	the board of commissioners is deemed advisable to drain and
208	provide water management services conducted pursuant to this
209	section for the lands within the said district hereby created.
210	j.  To acquire, purchase, operate, and maintain pumps,
211	plants, and pumping systems for drainage purposes.
212	k.  To construct, operate, and maintain irrigation works
213	and machinery in connection with the purposes herein set forth.
214	l.  To construct, improve, pave, and maintain roadways,
215	rights-of-way, easements, and roads necessary and convenient for
216	the exercise of the powers and duties herein set forth.
217	m.  To regulate and set forth by appropriate order the
218	drainage requirements and other auxiliary conditions to be met
219	for plats to be entitled to record on any land within the
220	district, including authority to require as a condition
221	precedent for any platting that good and sufficient bond be
222	posted to assure proper drainage and water management for the
223	area to be platted.
224	n.  To borrow money for periods over 1 year and issue
225	negotiable paper or other bonds of the district as hereinafter
226	provided.
227	o.  To borrow money from time to time for periods under 1
228	year and issue negotiable notes or other notes of said district
229	as provided in this act.
230	p.  To build and construct any other works and improvements
231	deemed necessary to preserve and maintain the works in or out of
232	said district.
233	q.  To acquire, construct, operate, maintain, use, sell,
234	convey, transfer, or otherwise provide for pumping stations,
235	including pumping machinery, motive equipment, electric lines,
236	and all appurtenant or auxiliary machines, devices, or equipment
237	for the purpose of drainage and water management services
238	conducted pursuant to this section.
239	r.  To contract for the purchase, construction, operation,
240	maintenance, use, sale, conveyance, and transfer of the said
241	pumping stations, machinery, motive equipment, electric lines,
242	and appurtenant equipment, including the purchase of electric
243	power and energy for the operation of the same.
244	s.  To construct or enlarge, or cause to be constructed or
245	enlarged, any and all bridges or culverts that may be needed in
246	or out of the district, across any drain, ditch, canal,
247	floodway, holding basin, excavation, public highway, railroad
248	right-of-way, tract, grade, fill, or cut.
249	t.  To construct roadways over levees and embankments.
250	u.  To construct any and all of said works and improvements
251	across, through, or over any public highway, railroad right-of-
252	way, track, grade, fill, or cut in or out of the district.
253	v.  To remove any fence, building, or other improvements,
254	in or out of the district for purposes of drainage and water
255	management services conducted pursuant to this section.
256	w.  To hold, control, and acquire by donation or purchase,
257	condemnation, easement, railroad right-of-way, sluice,
258	reservation, holding basin, or franchise in or out of said
259	district for right-of-way, holding basin, for any of the
260	purposes herein provided, or for material to be used in
261	constructing and maintaining said works and improvements for
262	drainage, protecting, and providing water management services
263	conducted pursuant to this section for the lands in said
264	district.
265	x.  To condemn or acquire, by purchase or grant, or by
266	exercise of the right of eminent domain, for use in the
267	district, any land or property within or without said district
268	and acquire or condemn any other property within or without said
269	district and shall follow in connection therewith the procedure
270	set out in chapter 73, Florida Statutes, (Eminent Domain) which
271	shall be construed so as to be applicable to the district
272	created hereby.
273	y.  To assess and impose upon all of the lands in the
274	district an annual tax as provided in this act.
275	z.  To impose and foreclose special assessment liens as
276	provided in this act. Said liens shall have the same priority as
277	all other special assessment liens and taxes but not have
278	priority of prior filed mortgages.
279	aa.  To prohibit, regulate, and restrict by appropriate
280	resolution of the board of commissioners all structures,
281	materials, and things, whether solid, liquid, or gas, whether
282	permanent or temporary in nature, which come upon, come into,
283	connect to, or be a part of any of the main or lateral drains,
284	ditches, canals, levees, dikes, dams, sluices, revetments,
285	reservoirs, holding basins, floodways, pumping stations, and
286	syphons which may have been heretofore created or which may be
287	hereafter created or which may be hereafter constructed.
288	bb.  To administer and provide for the enforcement of all
289	the provisions herein, including the making, adopting,
290	promulgating, amending, and repealing of all rules and
291	regulations necessary or convenient for the carrying out of the
292	duties, obligations, and powers conferred on the district
293	created hereby and further for the proper administration and
294	enforcement hereof.
295	cc.  To cooperate with or contract with other drainage
296	districts or governmental agencies as may be necessary,
297	convenient, incidental, or proper in connection with any of the
298	powers, duties, or purposes of the district as stated in this
299	charter.
300	dd.  To employ engineers, attorneys, agents, employees, and
301	representatives as the board of commissioners may from time to
302	time determine necessary and to fix their compensation and
303	duties.
304	ee.  To exercise all of the powers necessary, convenient,
305	incidental, or proper in connection with any of the powers,
306	duties, or purposes of the district as stated in this act;
307	however, none of the powers contained herein shall apply to the
308	works of the South Florida Water Management District.
309	Section 4.  Board of commissioners.--
310	a.  The governing board of the district shall be designated
311	as the board of commissioners of the Central Broward Water
312	Control District and shall be composed of six members who shall
313	be known as commissioners.
314	b.  All commissioners shall be elected on an at-large
315	nonpartisan basis, by the qualified electors residing within the
316	district zone that the election is for, in accordance with the
317	procedure provided in this act. Commissioners from Zones 1, 2,
318	and 6 shall be elected in the general election of November 2002.
319	Commissioners from zones 3, 4, and 5 shall be elected in the
320	general election of November 2004. The individual receiving the
321	most votes who has qualified to run as commissioner for a
322	specific zone shall be elected commissioner of that zone. No
323	zone commissioner elected prior to January 1, 2002, shall be
324	affected in his or her term of office.
325	c.  The board of commissioners of the Central Broward Water
326	Control District shall hereafter be elected on a basis of each
327	of the six commissioners representing one of the six respective
328	geographical zones of the entire district as provided herein. In
329	qualifying for such office, each candidate shall designate the
330	zone he or she is qualifying for.
331	d.  The six zones of the entire district are as follows:
332
333	Zone 1:  Begin at the intersection of the centerline
334	right-of-way of the North New River Canal with the west
335	line of Section 3, Township 50 South, Range 40 East,
336	Broward County, Florida; thence southeasterly, along
337	said centerline, to the intersection with the east line
338	of Section 12, Township 50 South, Range 40 East; thence
339	southerly, along said east line, to the southeast corner
340	of said Section 12; thence westerly, along the south
341	line of said Section 12, to the southwest corner of said
342	Section 12; thence southerly, along the east line of
343	Sections 14, 23 and 26, Township 50 South, Range 40
344	East, to the intersection with the physical centerline
345	of the South New River Canal; thence westerly, along
346	said centerline, to the intersection with the west line
347	of the east one-half (E 1/2) of Section 27, Township 50
348	South, Range 40 East; thence northerly, along the west
349	line of the east one-half (E 1/2) of Sections 27 and 22,
350	Township 50 South, Range 40 East, to the north one-
351	quarter (N 1/4) corner of said Section 22; thence
352	westerly, along the south line of Sections 15 and 16,
353	Township 50 South, Range 40 East, to the south one-
354	quarter (S 1/4) corner of said Section 16; thence
355	northerly, along the west line of the east one-half (E
356	1/2) of said Section 16, to the north one-quarter (N
357	1/4) corner of said Section 16; thence easterly, along
358	the north line of said Section 16, to the northeast
359	corner of said Section 16; thence northerly, along the
360	west line of Sections 10 and 3, Township 50 South, Range
361	40 East, to the Point of Beginning. Beginning at the
362	intersection of the north side of the north bank of the
363	North New River Canal with the West line of Section 3,
364	Township 50 South, Range 40 East, Broward County,
365	Florida; thence Southeasterly along said north side of
366	the north bank of the North New River Canal, to the
367	intersection with the East line of Section 12, Township
368	50 South, Range 40 East; thence Southerly, along said
369	East line of Section 12, to the Southeast corner of said
370	Section 12; thence Westerly, along the South line of
371	said Section 12, to the Southwest corner of said Section
372	12; thence Southerly, along the East line of Sections
373	14, 23 and 26, Township 50 South, Range 40 East, to the
374	intersection with the south side of the south bank of
375	the South New River Canal; thence westerly, along said
376	south side of the south bank of the South New River
377	Canal, to the intersection with the West line of the
378	East Half (E 1/2) of Section 27, Township 50 South,
379	Range 40 East; thence Northerly, along the West line of
380	the East Half of Sections 27 and 22, Township 50 South,
381	Range 40 East, to the Northwest corner of said East Half
382	(E 1/2) of Section 22; thence Westerly, along the South
383	line of Sections 15 and 16, Township 50 South, Range 40
384	East, to the West line of the East Half (E 1/2) of said
385	Section 16; thence Northerly, along said West line of
386	the East Half (E 1/2) of Section 16, to the Northwest
387	corner of said East Half (E 1/2) of Section 16; thence
388	Easterly, along the North line of said Section 16, to
389	the Northeast corner of said Section 16; thence
390	Northerly, along the West line of Sections 10 and 3,
391	Township 50 South, Range 40 East, to the Point of
392	Beginning.
393
394	Zone 2:  Begin at the intersection of the centerline
395	right-of-way of the North New River Canal with the east
396	line of Section 12, Township 50 South, Range 40 East,
397	Broward County, Florida; thence southeasterly, along
398	said centerline to the intersection with the east line
399	of Section 16, Township 50 South, Range 41 East; thence
400	southerly, along said east line, to the southeast corner
401	of said Section 16; thence westerly, along the south
402	line of said Section 16, to the southwest corner of said
403	Section 16; thence southerly, along the east line of
404	Section 20, Township 50 South, Range 41 East, to the
405	southeast corner of said Section 20; thence westerly,
406	along the south line of Sections 20 and 19, Township 50
407	South, Range 41 East, to the southwest corner of said
408	Section 19; thence continue westerly, along the
409	extension of the south line of said Section 19, across
410	the Hiatus between the west line of said Section 19 and
411	the east line of Section 24, Township 50 South, Range 40
412	East, to a point on the east line of said Section 24;
413	thence southerly, along the east line of Sections 24 and
414	25, Township 50 South, Range 40 East, to the
415	intersection with the physical centerline of the South
416	New River Canal; thence westerly, along said centerline,
417	to the intersection with the west line of Section 25,
418	Township 50 South, Range 40 East; thence northerly,
419	along the west line of Sections 25, 24 and 13, Township
420	50 South, Range 40 East to the southwest corner of
421	Section 12, Township 50 South, Range 40 East; thence
422	easterly, along the south line of said Section 12, to
423	the southeast corner of said Section 12; thence
424	northerly, along the east line of said Section 12, to
425	the Point of Beginning. Beginning at the intersection of
426	the north side of the north bank of the North New River
427	Canal with the east line of Section 12, Township 50
428	South, Range 40 East, Broward County, Florida; thence
429	run southeasterly along the north side of the north bank
430	of said canal to the intersection of said bank with the
431	east line of Section 16, Township 50 South, Range 41
432	East; thence run southerly along the east line of said
433	Section 16, Township 50 South, Range 41 East to the
434	southeast corner of said Section 16, Township 50 South,
435	Range 41 East; thence run westerly along the south line
436	of said Section 16, Township 50 South, Range 41 East to
437	the southwest corner of said Section 16, Township 50
438	South, Range 41 East; thence run southerly along the
439	east line of Section 20, Township 50 South, Range 41
440	East, to the southeast corner of said Section 20,
441	Township 50 South, Range 41 East; thence run westerly
442	along the south line of Sections 20 and 19, Township 50
443	South, Range 41 East, to the southwest corner of said
444	Section 19, Township 50 South, Range 41 East; thence
445	continue westerly along the extension of the south line
446	of said Section 19, Township 50 South, Range 41 East
447	across the Hiatus between the west line of said Section
448	19, Township 50 South, Range 41 East and the east line
449	of Section 24, Township 50 South, Range 40 East to a
450	point on the east line of said Section 24, Township 50
451	South, Range 40 East; thence continue southerly along
452	the east line of Sections 24 and 25, Township 50 South,
453	Range 40 East, to the intersection with the south side
454	of the south bank of the South New River Canal; thence
455	run westerly along the south side of the south bank of
456	said canal to the intersection with the west line of
457	Section 25, Township 50 South, Range 40 East; thence,
458	run northerly along the west line of Sections 25, 24 and
459	13, Township 50 South, Range 40 East to the Southwest
460	corner of Section 12, Township 50 South, Range 40 East,
461	thence run easterly along the south line of said Section
462	12, Township 50 South, Range 40 East to the Southeast
463	corner of said Section 12, Township 50 South, Range 40
464	East, thence run northerly along the east line of said
465	Section 12, Township 50 South, Range 40 East, to the
466	point of beginning.
467
468	Zone 3:  Begin at the intersection of the physical
469	centerline of the South New River Canal and the east
470	right-of-way line of State Road No. 7; thence northerly,
471	along the east right of way line to intersection with
472	the south line of Tier 1; as shown by the Plat of
473	NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26, of
474	the Public Records of Miami-Dade County, Florida, (All
475	subsequent references to Tract and Tier number refer to
476	this plat); thence westerly, along the south line of
477	Tiers 1, 3, 5, 7, and 9, and their prolongations
478	thereof, to an intersection with the northerly extension
479	of the east line of Tract 7, Section 25, Township 50
480	South, Range 41 East, as shown on said plat of NEWMAN'S
481	SURVEY; thence southerly, along said northerly extension
482	and said east line, to the southeast corner of said
483	Tract 7; thence westerly, along the south line of said
484	Tract 7 and its westerly prolongation, to the northeast
485	corner of Tract 9 of said Section 25; thence southerly,
486	along the east line of said Tract 9, to the southeast
487	corner of said Tract 9; thence westerly, along the south
488	line of said Tract 9, to the southwest corner of said
489	Tract 9; thence northerly, along the west line of Tracts
490	9 and 8, and their northerly prolongation to an
491	intersection with the south line of Tier 13; thence
492	westerly, along the south line of Tiers 13, 15, 17, 19,
493	23, 25, 27, and 29, and their prolongations thereof, to
494	the southwest corner of Tract 8, Tier 29; thence
495	northerly, along the west line of Tier 29, to the
496	southwest corner of Tract 4, Tier 29; thence westerly,
497	along the south line of Tract 4, Tiers 31, 33, 35 and 37
498	and their prolongations thereof, to the Southwest corner
499	of Tract 4, Tier 37; thence northerly, along the west
500	line of said Tier 37, to the intersection with the
501	centerline of the right-of-way of the North New River
502	Canal; thence northwesterly, along said centerline, to
503	the intersection with the west line of Section 15,
504	Township 50 South, Range 41 East; thence southerly,
505	along the east line of Section 16, Township 50 South,
506	Range 41 East to the southeast corner of said Section
507	16; thence westerly, along the south line of said
508	Section 16,  to southwest corner of said Section 16;
509	thence southerly, along the east line of Section 20,
510	Township 50 South, Range 41 East, to the southeast
511	corner of said Section 20; thence westerly, along the
512	south line of Sections 20 and 19, Township 50 South,
513	Range 41 East to the southwest corner of said Section
514	19; thence continue westerly, along the extension of the
515	south line of said Section 19, across the Hiatus between
516	the west line of said Section 19 and the east line of
517	Section 24, Township 50 South, Range 40 East to a point
518	on the east line of said Section 24; thence southerly,
519	along the east line of Sections 24 and 25, Township
520	50 South, Range 40 East, to the intersection with the
521	physical centerline of the South New River Canal; thence
522	easterly, along said centerline, to the Point of
523	Beginning. Beginning at the intersection of the south
524	side of the south bank of the South New River Canal and
525	the east right-of-way line of State Road No. 7; thence,
526	run northerly along the east side of said State Road No.
527	7 to the north line of Section 25, Township 50 South,
528	Range 41 East; thence run westerly along the north line
529	of Sections 25 and 26, Township 50 South, Range 41 East,
530	to its intersection with the west line of Tract 8, Tier
531	29, as shown by the Plat of NEWMAN'S SURVEY, as recorded
532	in Plat Book 2, Page 26, of the Public Records of Dade
533	County, Florida, (all subsequent references to Tract and
534	Tier numbers refer to this Plat) also known as the
535	Southwest corner of Tract 8, Tier 29; thence run
536	northerly along the west line of Tier 29 for a distance
537	of 3,356.37 feet more or less to the southwest corner of
538	Tract 4, Tier 29; thence run westerly along the south
539	line of Tract 4 in Tiers 31, 33, 35 and 37 and their
540	prolongations thereof for a distance of 2,399.28 ft.
541	more or less to the southwest corner of Tract 4, Tier
542	37; thence run northerly along the west line of said
543	Tier 37 for a distance of 3,456 ft. more or less to the
544	north right-of-way line of the North New River Canal;
545	thence run northwesterly along the north side of the
546	north bank of said canal to the intersection of said
547	bank with the west line of Section 15, Township 50
548	South, Range 41 East; thence, run southerly along the
549	east line of Section 16, Township 50 South, Range 41
550	East to the southeast corner of said Section 16,
551	Township 50 South, Range 41 East; thence run westerly
552	along the south line of said Section 16, Township 50
553	South, Range 41 East to southwest corner of said Section
554	16, Township 50 South, Range 41 East; thence run
555	southerly along the east line of Section 20, Township 50
556	South, Range 41 East, to the southeast corner of said
557	Section 20, Township 50 South, Range 41 East; thence run
558	westerly along the south line of Sections 20 and 19,
559	Township 50 South, Range 41 East to the southwest corner
560	of said Section 19, Township 50 South, Range 41 East;
561	thence continue westerly along the extension of the
562	south line of said Section 19, Township 50 South, Range
563	41 East across the Hiatus between the west line of said
564	Section 19, Township 50 South, Range 41 East and the
565	east line of Section 24, Township 50 South, Range 40
566	East to a point on the east line of said Section 24,
567	Township 50 South, Range 40 East; thence continue
568	southerly along the east line of Sections 24 and 25,
569	Township 50 South, Range 40 East, to the intersection
570	with the south side of the south bank of the South New
571	River Canal; thence, run easterly along the south side
572	of the south bank of said canal to the point of
573	beginning. Less the following described property:
574	Beginning at the southeast corner of Tract 7, Section
575	25, Township 50 South, Range 41 East, as shown by Plat
576	of NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26,
577	Public Records of Dade County, Florida (all subsequent
578	references to Tract and Tier numbers refer to this
579	plat); thence run westerly along the south line of said
580	Tract 7 to the northeast corner of Tract 9 of said
581	Section 25, Township 50 South, Range 41 East; thence
582	southerly along the east line of said Tract 9 to the
583	southeast corner of said Tract 9; thence westerly along
584	the south line of said Tract 9 to the southwest corner
585	of said Tract 9; thence northerly along the west line of
586	Tracts 9 and 8 and their northerly prolongation to an
587	intersection with the south line of Tier 13; thence
588	easterly along the south line of Tiers 13, 11 and 9 and
589	their prolongations thereof to an intersection with the
590	northerly extension of the east line of tract 7; thence
591	southerly along the east line of Tract 7 to the point of
592	beginning.
593
594	Zone 4:  Begin at the intersection of the east right-of-
595	way line of State Road No. 7 and the physical centerline
596	of the South New River Canal; thence southerly, along
597	said right-of way line, to the intersection with the
598	south line of Section 36, Township 50 South, Range 41
599	East; thence westerly, along the south line of Sections
600	36, 35, 34, 33 and 32 in Township 50 South, Range 41
601	East, to the northeast corner of Section 5, Township 51
602	South, Range 41 East; thence southerly, along the east
603	line of said Section 5, to the southeast corner of said
604	Section 5; thence westerly, along the south line of
605	Sections 5 and 6, Township 51 South, Range 41 East, to
606	the southwest corner of said Section 6; thence
607	northerly, along the west line of said Section 6, to the
608	northwest corner of said Section 6; thence easterly,
609	along the north line of Sections 6 and 5, Township 51
610	South, Range 41 East to the southwest corner of Section
611	32, Township 50 South, Range 41 East; thence northerly,
612	along the west line of Sections 32 and 29, Township 50
613	South, Range 41 East to the physical centerline of the
614	South New River Canal; thence easterly, along said
615	physical centerline, to the Point of Beginning.
616	Beginning at the intersection of the east right-of-way
617	line of State Road No. 7 and the south side of the south
618	bank of South New River Canal; thence, run southerly
619	along with east side of said State Road No. 7 to the
620	south line of Section 36, Township 50 South, Range 41
621	East; thence, run westerly along the south line of
622	Sections 36, 35, 34, 33 and 32 in Township 50 South,
623	Range 41 East to the Northeast corner of Section 5,
624	Township 51 South, Range 41 East; thence, run southerly
625	to the Southeast corner of said Section 5, Township 51
626	South, Range 41 East; thence, run westerly along the
627	South line of Sections 5 and 6, Township 51 South, Range
628	41 East to the Southwest corner of said Section 6,
629	Township 51 South, Range 41 East; thence, run northerly
630	along the west line of Section 6, Township 51 South,
631	Range 41 East to the Northwest corner of said Section 6,
632	Township 51 South, Range 41 East; thence, run easterly
633	along the north line of Sections 6 and 5, Township 51
634	South, Range 41 East to the Southwest corner of Section
635	32, Township 50 South, Range 41 East; thence, run
636	northerly along the west line of Sections 32 and 29,
637	Township 50 South, Range 41 East to the south side of
638	the south bank of the South New River Canal; thence run
639	easterly along the south side of the south bank of the
640	South New River Canal to the point of beginning.
641
642	Zone 5:  Begin at the northwest corner of Section 4,
643	Township 51 South, Range 41 East; thence southerly,
644	along the west line of said Section 4, to the southwest
645	corner of said Section 4; thence easterly, along the
646	south line of said Section 4, to the northwest corner of
647	Section 10, Township 51 South, Range 41 East; thence
648	southerly, along the west line of said Section 10, to
649	the west one-quarter (W 1/4) corner of said Section 10;
650	thence easterly, along the south line of the north one-
651	half (N 1/2) of Sections 10, 11 and 12, Township 51
652	South, Range 41 East, to an intersection with a line 80
653	feet east of, as measured at right angles to, and
654	parallel with the west right-of-way line of Florida's
655	Turnpike; thence northerly, along said parallel line,
656	and continuing 80 feet east of said right-of-way, to an
657	intersection with the north line of Section 1, Township
658	51 South, Range 41 East; thence westerly, along the
659	north line of Sections 1, 2, 3 and 4, Township 51 South,
660	Range 41 East, to the Point of Beginning. Beginning at
661	the Northwest corner of Section 4, Township 51 South,
662	Range 41 East; thence, run southerly along the west line
663	of said Section 4, Township 51 South, Range 41 east to
664	the Southwest corner of said Section 4, Township 51
665	South, Range 41 East; thence, run easterly along the
666	south line of said Section 4, Township 51 South, Range
667	41 East, to the northwest corner of Section 10, Township
668	51 South, Range 41 East; thence, run southerly along the
669	west line of said Section 10, Township 51 South, Range
670	41 East to the southwest corner of the north half of
671	said Section 10, Township 51 South, Range 41 East;
672	thence run easterly along the south line of the north
673	half of Sections 10, 11 and 12, in Township 51 South,
674	Range 41 East to the east bank of the drainage ditch
675	along the west side of the Sunshine State Parkway
676	(Florida Turnpike); thence, run northerly along the east
677	bank of said ditch to the north line of Section 1,
678	Township 51 South, Range 41 East; thence, run westerly
679	along the north line of Sections 1, 2, 3 and 4, Township
680	51 South, Range 41 East to the point of beginning.
681
682	Zone 6:  Begin at the southwest corner of Section 3,
683	Township 51 South, Range 40 East, Broward County,
684	Florida; thence northerly, along the west line of said
685	Section 3, to the northwest corner of said Section 3;
686	thence northerly, along the west line of Sections 34 and
687	27, Township 50 South, Range 40 East, to the
688	intersection with the physical centerline of the South
689	New River Canal; thence meandering westerly,
690	northwesterly, southwesterly, southeasterly, southerly,
691	southwesterly and westerly, along said centerline, to
692	the intersection with the west line of Section 28,
693	Township 50 South, Range 40 East; thence northerly,
694	along the west line of Sections 28, 21, 16, 9 and 4,
695	Township 50 South, Range 40 East, to the intersection
696	with the centerline right-of-way of the North New River
697	Canal; thence southeasterly, along said centerline, to
698	the intersection with the west line of Section 3,
699	Township 50 South, Range 40 East; thence southerly,
700	along the west line of Sections 3 and 10, Township 50
701	South, Range 40 East, to the northeast corner of Section
702	16, Township 50 South, Range 40 East; thence westerly,
703	along the north line of said Section 16, to the north
704	one-quarter (N 1/4) corner of said Section 16; thence
705	southerly, along the west line of the east one-half (E
706	1/2) of said Section 16, to the south one-quarter (S
707	1/4) corner of said Section 16; thence easterly, along
708	the south line of Sections 16 and 15, Township 50 South,
709	Range 40 East, to the north one-quarter (N 1/4) corner
710	of Section 22, Township 50 South, Range 40 East; thence
711	southerly, along the west line of the east one-half (E
712	1/2) of Sections 22 and 27, Township 50 South, Range 40
713	East, to the intersection with the physical centerline
714	of the South New River Canal; thence easterly, along
715	said centerline, to the intersection with the east line
716	of Section 30, Township 50 South, Range 41 East; thence
717	southerly, along the east line of Sections 30 and 31,
718	Township 50 South, Range 41 East, to the north line of
719	Section 5, Township 51 South, Range 41 East; thence
720	westerly, along the north line of Sections 5 and 6,
721	Township 51 South, Range 41 East, to the northeast
722	corner of Section 1, Township 51 South, Range 40 East;
723	thence southerly, along the east line of said Section 1,
724	to the southeast corner of said Section 1; thence
725	westerly, along the south line of Sections 1, 2, and 3,
726	Township 51 South, Range 40 East, to the Point of
727	Beginning. Beginning at the Southwest corner of Section
728	3, Township 51 South, Range 40 East, Broward County,
729	Florida; thence Northerly, along the West line of said
730	Section 3, to the Northwest corner of said Section 3;
731	thence Northerly, along the West line of Sections 34 and
732	27, Township 50 South, Range 40 East, to the
733	intersection with the south side of the south bank of
734	the South New River Canal; thence Westerly, along said
735	south side of the south bank of the South New River
736	Canal, to the intersection with the West line of Section
737	28, Township 50 South, Range 40 East; thence Northerly,
738	along the West line of Sections 28, 21, 16, 9 and 4,
739	Township 50 South, Range 40 East, to the intersection
740	with the north side of the north bank of the North New
741	River Canal; thence Southeasterly, along said north side
742	of the north bank of the North New River Canal, to the
743	intersection with the West line of Section 3, Township
744	50 South, Range 40 East; thence Southerly, along the
745	West line Sections 3 and 10, Township 50 South, Range 40
746	East, to the Northeast corner of Section 16, Township 50
747	South, Range 40 East; thence Westerly, along the North
748	line of said Section 16, to the Northwest corner of the
749	East Half (E 1/2) of said Section 16; thence Southerly,
750	along the West line of said East Half (E 1/2) of Section
751	16, to the Southwest corner of said East Half (E 1/2) of
752	Section 16; thence Easterly, along the South line of
753	Sections 16 and 15, Township 50 South, Range 40 East, to
754	the Northwest corner of the East Half (E 1/2) of Section
755	22, Township 50 South, Range 40 East; thence Southerly,
756	along the West line of the East Half (E 1/2) of Sections
757	22 and 27, Township 50 South, Range 40 East, to the
758	intersection with the south side of the south bank of
759	the South New River Canal; thence Easterly, along said
760	south side of the south bank of the South New River
761	Canal, to the intersection with the East line of Section
762	30, Township 50 South, Range 41 East; thence Southerly,
763	along the East line of Sections 30 and 31, Township 50
764	South, Range 41 East, to the North line of Section 5,
765	Township 51 South, Range 41 East; thence Westerly, along
766	the North line of Sections 5 and 6, Township 51 South,
767	Range 41 East, to the Northeast corner of Section 1,
768	Township 51 South, Range 40 East; thence Southerly,
769	along the East line of said Section 1, to the Southeast
770	corner of said Section 1; thence Westerly, along the
771	South line of Sections 1, 2, and 3, Township 51 South,
772	Range 40 East, to the Point of Beginning.
773	e.  All commissioners shall serve a term of 4 years. An
774	election shall be held every 2 years to elect successors for
775	that each group of commission seats up for election. The terms
776	of the six commissioners shall be staggered, so as to have the
777	various successors elected at the expiration of the term of the
778	respective groups.
779	f.  A commissioner shall, at the time of qualification for
780	office, be a resident of the respective zone that he or she
781	desires to represent for the 90 30 days immediately preceding
782	the date of qualifying for nomination to office. Qualifying
783	dates shall be the same as the qualifying dates for County
784	Commission for the general election. A commissioner at the time
785	of his or her qualification for office shall be a qualified
786	voter in Broward County.
787	g.  The compensation of each commissioner shall be set by
788	appropriate resolution of the board of commissioners, but shall
789	not exceed $400 dollars per month. Expenses shall be reimbursed
790	pursuant to Florida Statutes pertaining to per diem and travel
791	expenses of public officers, employees, and authorized persons,
792	and any subsequent amendments thereto.
793	h.  Whenever a commissioner shall be absent from every
794	commission meeting held in 2 consecutive calendar months, such
795	commissioner shall at the discretion of the board of
796	commissioners receive no compensation nor reimbursement of
797	expenses for the next succeeding 2-month period. Such period
798	shall be cumulative.
799	i.  In the event that a vacancy should occur in the office
800	of a commissioner, the remaining commissioners shall forthwith
801	appoint by a majority vote a successor commissioner having the
802	same qualifications, including zone resident requirements, as
803	prescribed herein for the office vacated, for the unexpired
804	term. If the commissioners shall fail to appoint a successor
805	commissioner within 30 days after a vacancy should occur, the
806	Governor shall appoint a successor commissioner for the
807	unexpired term. There is no prohibition on a commissioner
808	succeeding himself or herself in term of office.
809	j.  A vacancy shall be deemed to occur if an elected
810	commissioner moves from his or her zone prior to the expiration
811	of the term to which he or she was elected. In that event, the
812	commission shall appoint a successor commissioner in accordance
813	with subsection i. Elected Those commissioners holding office as
814	of January 1, 2002, shall serve their full 4-year term. Those
815	commissioners elected in 2002 and 2004 shall assume office and
816	shall be installed at the first regularly scheduled meeting
817	following their election.
818	Section 5.  Elections.--
819	a.  All general district elections and primaries for same,
820	unless otherwise provided in this charter, shall be in
821	accordance with the Florida Election Code and revisions thereto.
822	b.  Only such qualified persons for the respective offices
823	shall be eligible to become candidates for such respective
824	offices. The names of all candidates who qualify for an election
825	shall be printed upon the election ballot. Every candidate for
826	nomination for office shall pay to the Supervisor of Elections
827	of Broward County the a filing fee for in the amount of 3
828	percent of the annual salary of the office and shall designate
829	the office for which he or she has qualified. Each candidate for
830	nomination for an office shall also take, sign, and subscribe to
831	an oath or affirmation as may be required by law. in writing in
832	substantially the following form:
833
834	STATE OF FLORIDA      )
835	) ss.
836	COUNTY OF BROWARD   )
837
838	BEFORE ME, an officer authorized to administer oaths,
839	personally appeared ..........., to me well known, who, being
840	sworn says that he or she is a candidate for office of
841	commissioner for zone .... for the Central Broward Water Control
842	District; that he or she is a qualified elector of Broward
843	County, Florida; that he or she is qualified under the
844	Constitution, the laws of Florida and the laws of Central
845	Broward Water Control District to which he or she desires to be
846	nominated or elected; that he or she has taken the oath required
847	by ss. 876.05-876.10, Florida Statutes (public employees; oath);
848	that he or she has not violated any of the laws of the state
849	relating to elections or the registration of electors; that he
850	or she has qualified for no other public office in the state,
851	the terms of which office or any part thereof runs concurrent
852	with that of the office he or she seeks; that he or she has
853	resigned from any office from which he or she is required to
854	resign pursuant to s. 99.012, Florida Statutes (restrictions on
855	individuals qualifying for public office); and that he or she
856	has submitted a sworn statement of contributions and
857	expenditures, if any, incurred prior to the time of qualifying
858	and since the last preceding general election; that he or she
859	has been a resident of zone .... of the district for the 30 days
860	immediately preceding the date of qualifying for nomination to
861	office or is otherwise qualified for nomination to office as
862	commissioner of zone .... of the district; and that he or she is
863	an owner in fee simple of land within the district.
864
865	......................
866	Signature of Candidate
867	SWORN TO and subscribed before me
868	this .... day of ......, 19...
869
870	...............
871	Notary Public
872
873	c.  Candidates for office shall be required to file their
874	qualification oath, fee, and designation of office with the
875	Supervisor of Elections of Broward County as prescribed by law,
876	at any time after noon of the first day for qualifying, which
877	shall be the 50th day prior to the first primary, but not later
878	than noon the 46th day prior to the first primary. If a
879	candidate fails to comply with the provisions herein, that
880	candidate's name shall not appear on the ballot. A candidate who
881	has filed the required oath and has paid the qualifying fee and
882	otherwise complied with the provisions herein shall be entitled
883	to have his or her name printed on the official ballot.
884	d.  If only two persons qualify for any one particular
885	zone, then there shall be no primary election, and those
886	candidates shall appear on the general election ballot. If more
887	than two candidates qualify for any one particular zone, then
888	the names of those candidates shall be placed on the ballot at
889	the first primary election. The two candidates receiving the
890	highest number of votes of the electors for each zone in the
891	first primary election shall have their names printed on the
892	ballot for the general district election.
893	e.  The candidate receiving the highest number of votes
894	cast by the electors in the general district election shall be
895	declared elected, as certified by the board of county canvassers
896	of Broward County.
897	f.  The name of an unopposed candidate for the office of
898	commissioner shall not appear on any ballot, and such candidate
899	shall be deemed to have voted for himself or herself at the
900	general district election.
901	g.  Upon receipt of the certificate of the county
902	canvassers board, the district secretary shall transmit such
903	returns to the board of commissioners at the next regularly
904	scheduled meeting.
905	h.  The general district election shall be held on the
906	first Tuesday after the first Monday in November of each even-
907	numbered year. Each person to be allowed to vote in any election
908	must be a qualified elector of the State of Florida, must be a
909	permanent resident of the district and zone which the election
910	of commissioner is for, and must be registered as a voter of
911	Broward County. All elections shall be conducted on the
912	principles adopted for state and county elections.
913	i.  In all elections, the regular registration books of
914	Broward County covering an area of the district shall be used,
915	and only those persons who are shown thereon as qualified
916	electors and residing within the district and zone which the
917	election of commissioner is for shall be entitled to vote in
918	said election.
919	Section 6.  Recall.--
920	a.  Whenever 50 percent of the electors freeholders
921	qualified to vote as prescribed herein from each and every zone
922	of the district created hereby shall sign a petition addressed
923	to the board of commissioners demanding that a recall election
924	be held, the board of commissioners shall take the following
925	action:
926	(1)  Said petition shall be referred to and handed over to
927	the secretary not later than 10 days after the board of
928	commissioners has been presented with the petition.
929	(2)  Order the secretary to, and the secretary shall, check
930	the persons' names and eligibility signing the petition. The
931	secretary shall have 10 days in which to return same to the
932	board of commissioners along with his or her certification as to
933	whether or not the petition contains the proper percentage of
934	registered freeholders as prescribed herein.
935	(3)  If the petition is valid as to the percentage of
936	petitioners, then the board of commissioners shall issue its
937	resolution proclaiming a recall election of those commissioners
938	whom the petition shall name. The resolution shall contain all
939	information required by this charter as set forth herein.
940	b.  The recall petition shall state the name or names of
941	the elected commissioners desired to be recalled. No reason or
942	reasons for such recall shall be required to be stated in the
943	petition.
944	c.  In addition to proclaiming the recall election of the
945	commissioner, the resolution shall state the date for the
946	holding of the election, which shall be not more than 60 days
947	after the date of the resolution. Further, the resolution shall
948	set the date of qualifying of candidates for the election, which
949	date shall be not more than 20 days from the passage of the
950	resolution.
951	d.  The elected commissioner sought to be recalled shall
952	remain in office and carry on his or her regular duties until
953	his or her successor, if any there be, is elected and takes
954	office. In the event the commissioner sought to be recalled
955	desires to stand for election in the recall election, he or she
956	shall qualify in the same manner as any other candidate.
957	e.  The recall election shall be held as any other general
958	election of commissioners. The offices sought to be vacated
959	shall be treated as though the term of the offices filling that
960	post were expiring.
961	f.  In the event that more than two persons qualify for
962	each office sought to be vacated, then a primary election shall
963	be held and the time of holding such primary election shall be
964	not more than 35 days after the date of the recall resolution.
965	g.  The person elected to the office vacated or sought to
966	be vacated shall take the oath of office and assume the duties
967	of the office not later than 7 days after the final election.
968	Section 7.  Organization of board of commissioners.--At the
969	first regularly scheduled meeting following the first Tuesday
970	after the first Monday in November each year, the board of
971	commissioners shall assemble and organize by choosing one of
972	their members chair of the board, and choosing another one of
973	their members vice chair. In the event of a deadlock in
974	selecting a new chair or vice chair, the existing chair and vice
975	chair shall remain in office until a new chair or vice chair is
976	selected. Those commissioners elected to the position of chair
977	or vice chair in January 1998, shall continue in those offices
978	until the expiration of their terms. Those commissioners elected
979	to the position of chair or vice chair in January 1999, shall
980	hold those offices until the first regularly scheduled meeting
981	following the first Tuesday after the first Monday in November
982	1999. The chair shall preside at all meetings. In the chair's
983	absence, the vice chair shall preside and have the same powers
984	and be subject to the same limitations as the chair. Four
985	members of the board including the chair, or the vice chair in
986	the chair's absence, shall constitute a quorum for all purposes.
987	In the absence of both the chair and vice chair, if a quorum is
988	otherwise present, the commissioner with the most seniority
989	shall be chair of such meeting and shall preside over the
990	meeting and have the same powers as the chair. The board shall
991	establish its own rules of procedure. In all matters, the board
992	shall act by resolution and the affirmative votes of a majority,
993	but not less than three of the members of the board that are
994	present at district meetings shall be required to make any
995	determination or effect any action.
996	Section 12.  Taxation.--
997	a.  The board of commissioners of the district is
998	authorized to levy taxes on land only and not upon any
999	improvements thereon within the district up to and including 5
1000	mills per dollar of assessed valuation. In the absence of any
1001	contrary action of the board of commissioners acting as a budget
1002	commission as herein provided, the tax rate of each calendar
1003	year shall be at the maximum provided herein.
1004	b.  Such taxes as provided herein and as may be determined
1005	to be necessary by the board of commissioners, acting as budget
1006	commission for the district for the operation of the affairs of
1007	the district, shall be certified to the Property Appraiser of
1008	Broward County, by the board of commissioners of Central Broward
1009	Water Control District, and shall be placed upon the tax rolls
1010	of Broward County, by the property appraiser, and shall be
1011	collected by the Tax Collector of Broward County, as now
1012	provided by law, and such taxes so levied shall become a lien
1013	under the law against the property within the boundaries of the
1014	Central Broward Water Control District and enforceable under the
1015	laws of the State of Florida pertaining to the Central Broward
1016	Water Control District.
1017	c.  The manner and basis of taxation for the year 1970
1018	shall be the same as existed for the Central Broward Water
1019	Control District prior to the enactment hereof.
1020	Section 17.  Tax roll.--
1021	a.  The county Property Appraiser of Broward County shall
1022	certify to the board of commissioners of the Central Broward
1023	Water Control District the total assessed value of real property
1024	located within the boundaries of the district, on or before the
1025	first day of July of each year, said certification to be
1026	prepared from the tax roll of Broward County.
1027	b.  It shall be the duty of the Property Appraiser of
1028	Broward County to enter upon the tax roll of the county the
1029	taxes or assessments levied by the district, upon certification
1030	of the same by the chair or secretary of the board, which
1031	certification shall be delivered on or before September 1 of
1032	each year. The tax or assessment shall be entered upon the tax
1033	roll in a proper column under the head of "Central Broward Water
1034	Control District" opposite the name of the person or persons or
1035	corporation owning such land in the manner provided by law for
1036	making up the tax roll for state and county taxes, or in case
1037	the ownership of such land is not shown upon such tax roll, then
1038	opposite the word "unknown."
1039	c.  The tax or assessment levied by this charter shall
1040	constitute a lien upon the lands so assessed as of the first day
1041	of January of each year in which the entries are made in the tax
1042	rolls pursuant to subsection b., which lien shall be superior in
1043	dignity to all other liens upon said lands, except the lien for
1044	state and county taxes and other taxes of equal dignity, as to
1045	which taxes the said lien shall be coordinate.
1046	d.  The property appraiser shall attach to the tax roll, a
1047	special warrant to the tax collector of the county for the
1048	collection of such drainage taxes, and the special warrant shall
1049	be signed by the property appraiser and shall be the authority
1050	of the tax collector of the collection of such taxes. The
1051	warrant shall be in substantially the following form:
1052
1053	SPECIAL WARRANT FOR COLLECTION OF DRAINAGE TAXES:  STATE
1054	OF FLORIDA, TO ............, TAX COLLECTOR OF THE COUNTY
1055	OF BROWARD. YOU ARE HEREBY COMMANDED TO COLLECT OUT OF
1056	THE REAL ESTATE AGAINST WHICH DRAINAGE TAXES ARE
1057	ASSESSED AND SET FORTH IN THIS ROLL, AND FROM THE
1058	PERSONS OR CORPORATIONS NAMED THEREIN, AGAINST WHOSE
1059	LANDS DRAINAGE TAXES ARE ASSESSED, THE DRAINAGE TAX SET
1060	DOWN IN SAID ROLL OPPOSITE EACH NAME, CORPORATION, OR
1061	PARCEL OF LAND THEREIN DESCRIBED, AND IN EACH CASE SUCH
1062	DRAINAGE TAX IS NOT PAID ON OR BEFORE THE FIRST DAY OF
1063	APRIL NEXT, YOU ARE TO COLLECT THE SAME BY LEVY AND SALE
1064	OF THE LANDS SO ASSESSED; AND ALL SUMS COLLECTED FOR
1065	DRAINAGE TAXES YOU ARE TO PAY TO THE TREASURER OF
1066	CENTRAL BROWARD WATER CONTROL DISTRICT. GIVEN UNDER MY
1067	HAND AND SEAL, THIS .... DAY OF ........, 19...
1068
1069	..................................
1070	PROPERTY APPRAISER, BROWARD COUNTY
1071
1072	Such warrant shall remain in full force until all the Central
1073	Broward Water Control District taxes shown in said roll to be
1074	assessed shall be collected.
1075	d.e.  The Revenue Tax Collector of Broward County shall
1076	make returns and remittances of money collected by him or her
1077	for Central Broward Water Control District in the manner and
1078	time provided by law. Central Broward Water Control District
1079	may, from time to time, make audits or checks of the tax
1080	assessment roll at the property appraiser's office, and the
1081	revenue tax collector shall furnish all that is required by law.
1082	e.f.  No provision hereof shall in any way affect the power
1083	and authority of the Central Broward Water Control District to
1084	levy or collect any special assessment.
1085	g.  The manner and basis of establishing the tax roll shall
1086	be the same as existed for the Central Broward Water Control
1087	District prior to 1970.
1088	Section 33.  Powers of commissioners to carry out
1089	plan.--The board of commissioners of the district created hereby
1090	shall have full power and authority to put out requests for
1091	proposals or bids for contracts and to build, construct,
1092	excavate, and complete any and all works and improvements which
1093	may be needed to carry out, maintain, and protect "the state
1094	comprehensive water management plan." To accomplish that end the
1095	board of commissioners may employ persons and teams and purchase
1096	machinery, employ persons to operate same, and directly have
1097	charge of and construct the works and improvements in such
1098	manner or by use of other or more efficient means than provided
1099	for in the plans adopted. The board of commissioners may, at its
1100	discretion, award let the contract for such works and
1101	improvements, either as a whole or in sections, and when such
1102	contracts are awarded let they shall be advertised and awarded
1103	let to the lowest qualified, responsible and best bidder, as
1104	determined by the board, which bidder who shall give a good and
1105	approved bond, with ample security, conditioned that he or she
1106	will promptly carry out the contract for such work and
1107	improvements under such terms and conditions as the board of
1108	commissioners deems necessary; which contract shall be in
1109	writing and to which shall be attached, and made a part thereof,
1110	complete plans and specifications of the work to be done and
1111	improvements to be made under such contract, which plans and
1112	specifications shall be prepared by the district's engineer and
1113	shall be incorporated in, and attached to, the contract; and
1114	such contract shall be prepared by the attorney for the district
1115	and approved by the board of commissioners and signed by its
1116	chair or vice chair and the contractor and executed in
1117	duplicate. The district manager shall be the superintendent of
1118	all the works and improvements, and shall, at least once each
1119	year and when required, make a full report to the board of all
1120	work done and improvements made, and make suggestions and
1121	recommendations to the board as he or she may deem proper.
1122	Section 34.  Rules and regulations.--The board of
1123	commissioners is hereby authorized to adopt, promulgate, and
1124	enforce all rules and regulations necessary and appropriate for
1125	the administration and enforcement of this charter. No such
1126	action shall be taken by the board of commissioners until after
1127	the holding by this board of commissioners of a public hearing
1128	on the proposed rules and regulations. The provisions of chapter
1129	120, Florida Statutes (Administrative Procedure Act), shall
1130	apply to all such rules and regulations. As soon as practicable
1131	and as necessary, from time to time, the board of commissioners
1132	shall effect appropriate rules and regulations as deemed
1133	necessary, including, but not limited to, the following:
1134	a.  Conditions precedent to be met for land to be platted
1135	in on the public records of the appropriate governmental
1136	authority to assure provisions for proper drainage and water
1137	management, the dedication of proper easements or rights-of-way
1138	to the district, and the procedures to be followed in connection
1139	therewith including cooperation with the county engineer, and
1140	the posting of such bonds in such amounts on such conditions as
1141	are deemed necessary in such plats to ensure the proper and
1142	timely completion of such drainage and water management
1143	provisions. No plat for the subdivision of any land within the
1144	district shall be entitled to be recorded record without the
1145	approval of the board of commissioners.
1146	b.  Code of regulations, standards, general specifications
1147	and procedures, and design criteria for the obtainment of a
1148	permit and for hearings in connection therewith before the board
1149	of commissioners for approval of plans for all drainage
1150	improvements within the district, including structural
1151	improvements coming into, over, onto, or through any of the
1152	waterways of the district.
1153	c.  Code of regulations, standards, procedures, and design
1154	criteria specifications as to content of discharge and effluents
1155	coming into the waterways of the district.
1156	Section 37.  Eminent domain.--The district created hereby
1157	may acquire, by gift, purchase, exchange, donation, dedication,
1158	or condemnation, any lands within or without the said district
1159	for canal rights-of-way or easements, or for other general
1160	purposes of the said district, and, if acquired by condemnation,
1161	the procedure shall be as prescribed in chapter 73, Florida
1162	Statutes, Eminent Domain.
1163	Section 38.  Obstructions, damage, and destruction
1164	prohibited; damages; penalties.--No person may willfully or
1165	otherwise obstruct any canal, drain, ditch, or watercourse or
1166	damage or destroy any drainage works constructed in the drainage
1167	district.
1168	a.  Any person who shall willfully obstruct any canal,
1169	drain, ditch, or other watercourse, or shall damage or destroy
1170	any drainage works constructed by the drainage district, shall
1171	be liable to any person injured thereby for the full amount of
1172	the injury occasioned to any land or crops or other property by
1173	such misconduct and shall be liable to the drainage district
1174	constructing the work for double the cost of removing such
1175	obstruction or repairing such damage. The costs shall include
1176	all labor, materials, equipment, and supplies necessary to
1177	effect such removal or repair, and all costs and expenses,
1178	including reasonable attorney's fees, necessary to make any
1179	person injured or the drainage district whole.
1180	b.  Any person who willfully or otherwise obstructs any
1181	canal, drain, ditch, or watercourse, or impedes or obstructs the
1182	flow of water thereof, or damages or destroys any drainage works
1183	constructed by any drainage district is guilty of a misdemeanor
1184	of the first degree, punishable as provided by general law.
1185	c.  If the board of commissioners finds and determines that
1186	any dike, culvert, bridge, crossing, or any other device in any
1187	canal, drain, ditch, or watercourse which is used for servicing
1188	any property or providing access thereto constitutes an
1189	obstruction or impediment to the free flow of water or drainage
1190	or access to maintenance of any district facility, whether the
1191	same has been so placed in or near any canal, drain, ditch, or
1192	watercourse under permit by the district or otherwise, the
1193	record owner of the property provided access or service shall be
1194	notified in writing of such obstruction with a demand therein
1195	that such owner cause the condition to be remedied. The notice
1196	shall be given by registered mail, addressed to the owner or
1197	owners of the property described, as their names and addresses
1198	are shown upon the records of the county property appraiser, and
1199	shall be deemed complete and sufficient when so addressed and
1200	deposited in the United States mail with proper postage prepaid.
1201	In the event that such notice is returned by postal authorities,
1202	the district shall cause a copy of the notice to be served by
1203	any officers, commissioners, or agents of the district, an
1204	affidavit of such service by such officer, commissioner, or
1205	agent filed in the minutes of the district shall be proof of
1206	service thereof, upon the occupant of the property or upon any
1207	agent of the owner thereof. In the event that personal service
1208	upon the occupant of the property or upon any agent of the owner
1209	thereof cannot be performed after a reasonable search, the
1210	notice shall be accomplished by physical posting on the
1211	property. The notice shall be in substantially the following
1212	form:
1213
1214	Name of Owner:.................
1215	Address of Owner:.................
1216
1217	Our records indicate you are the owner(s) of the
1218	following property located in the Central Broward Water
1219	Control District, Broward County, Florida:
1220
1221	(describe property)
1222
1223	An inspection of this property and the abutting canal,
1224	drain, ditch, or watercourse discloses, and the Board of
1225	Commissioners of the Central Broward Water Control
1226	District has found and determined, that an obstruction
1227	in said canal, drain, ditch, or watercourse exists,
1228	thereby impeding the free flow of water or and drainage
1229	or access to maintenance of a district facility and
1230	constituting a hazard and danger to the inhabitants
1231	within the Central Broward Water Control District so as
1232	to constitute a violation of the charter and regulations
1233	of the Central Broward Water Control District in that:
1234
1235	(describe the condition which places
1236	the property in violation.)
1237
1238	You are hereby notified that unless the condition above
1239	described is remedied so as to make it nonviolative of
1240	the charter and regulations of the Central Broward Water
1241	Control District within 20 days from the date hereof,
1242	the Central Broward Water Control District will proceed
1243	to remedy this condition and the cost of the work,
1244	including advertising costs and all other expenses, will
1245	be imposed as lien on the property if not otherwise paid
1246	within 30 days after receipt of billing.
1247
1248	Central Broward Water Control District
1249	BY.................
1250
1251	d.  Within 20 days after the mailing of the notice to him
1252	or her, the owner of the property may make written request to
1253	the board of commissioners for a hearing before that body to
1254	show that the condition alleged in the notice does not exist or
1255	that such condition does not constitute an obstruction or
1256	impediment to the drainage and free flow of water in any canal,
1257	ditch, drain, or watercourse of the district. At the hearing,
1258	the district and the property owner may introduce such evidence
1259	as is deemed necessary.
1260	e.  If within 20 days after mailing of the notice no
1261	hearing has been requested and the condition described in the
1262	notice has not been remedied, the district shall cause the
1263	condition to be remedied by the district at the expense of the
1264	property owner. If a hearing has been held and has concluded
1265	adversely to the property owner, the district may cause the
1266	condition to be remedied at the expense of the property owner,
1267	by appropriate resolution, and may order the removal of the
1268	same, including any appurtenances thereto, and may provide for
1269	the payment of all or any part of the cost of any such removal
1270	by levying and collecting a special assessment on the property
1271	affected or afforded service by such bridge, culvert, etc.
1272	f.  After causing the condition to be remedied, the
1273	secretary of the district shall certify to the board the
1274	expenses incurred in remedying the condition. Upon the receipt
1275	of such certificate, the board of commissioners shall review the
1276	same and determine the amount to be assessed against such
1277	property by resolution. Upon adoption of the resolution, the
1278	assessment shall constitute a lien on the respective lots or
1279	parcels of land or other real property upon which they are
1280	levied, superior to all other liens, except those for district
1281	and county taxes.
1282	g.  The board of commissioners shall cause to be recorded
1283	in the office of the clerk of the circuit court, in and for
1284	Broward County, a copy of the resolution within 10 days after
1285	the adoption thereof. The assessment shall be payable at the
1286	time and in the manner stipulated in the resolution and the
1287	assessment shall remain a lien coequal with the lien of other
1288	taxes, superior in dignity to all other liens, titles, and
1289	claims, until paid and shall bear interest at a rate not to
1290	exceed 18 percent per annum from the date of the resolution.
1291	h.  Upon the failure of any property owner to pay the
1292	assessment or any installment thereof or any part thereof as
1293	provided for in the resolution, the board of commissioners shall
1294	cause to be brought the necessary legal proceedings to enforce
1295	payment thereof with all the accrued interest and penalties,
1296	together with all legal costs incurred, including reasonable
1297	attorneys' fees, to be assessed as a part of the cost; and in
1298	the event of default in the payment of any installment of an
1299	assessment, or any accrued interest on said assessment, the
1300	whole assessment with the interest and penalties thereon shall
1301	immediately become due and payable and subject to foreclosure.
1302	In the foreclosure of any assessment, service of process against
1303	unknown or nonresident defendants may be had by publication, as
1304	provided by law. Foreclosure proceedings shall be prosecuted to
1305	the sale and conveyance of the property involved in said
1306	proceedings as provided by law in suits to foreclose mortgages;
1307	or, in the alternative, said proceedings may be instituted and
1308	prosecuted under chapter 173, Florida Statutes, Foreclosure of
1309	Municipal Tax and Special Assessment Liens.
1310	i.  The remedies provided in subsections c. through h. are
1311	in addition to and not in lieu of other remedies provided for in
1312	this charter or otherwise.
1313	Section 39.  Extensions of boundaries.--The boundary line
1314	of the district as defined in this act may be extended to
1315	include additional adjacent land at any time in the discretion
1316	of the board of commissioners upon such conditions as the board
1317	of commissioners of the district may prescribe upon petition of
1318	the landowners freeholders owning 51 percent or more of the land
1319	in the area sought to be included in this district by such
1320	boundary extension. The petition of such landowners freeholders
1321	shall be directed to the board of commissioners of this
1322	district, and shall be in writing and duly signed and
1323	acknowledged by each of the landowners freeholders seeking to
1324	include such area in the extended boundaries of this district.
1325	The area included in this district shall be defined and the
1326	inclusion thereof shall be affirmed by an appropriate resolution
1327	of the board of commissioners of this district at a regular or
1328	special meeting called for that purpose, which resolution shall
1329	be preserved in the minutes of such meeting, and shall be
1330	recorded in the public records of Broward County, Florida. The
1331	board of commissioners of this district shall thereafter have
1332	jurisdiction and hold and be entitled to exercise all of the
1333	right, power, and authority for the drainage, water management
1334	services conducted pursuant to this section, and improvement of
1335	the land or area so included in this district as is granted such
1336	board of commissioners by this charter with respect to the lands
1337	within the boundaries of this district as hereinabove set forth,
1338	it being the intention of the Legislature to confer upon the
1339	board of commissioners for the drainage and water control
1340	district hereby created the same rights, powers and authorities,
1341	duties, responsibilities, and obligations over the lands so
1342	included in this district as is by this charter conferred upon
1343	them with reference to the lands within the boundaries of this
1344	district as hereby created and established.
1345	Section 40.  Subdivision regulation.--
1346	a.  It is the intent and purpose of this charter to promote
1347	and provide for the public health, safety, comfort, convenience,
1348	and welfare necessary and required to promote the harmonious,
1349	orderly, and progressive development of land within the
1350	district. It is the further intent of this charter to secure the
1351	establishment of standards of subdivision designs, which will
1352	encourage the development of sound and economically stable
1353	communities, and the creation of healthful living environments.
1354	b.  A subdivision for the purpose of this charter is hereby
1355	defined as: The division of a parcel of land, whether improved
1356	or unimproved, into three or more lots, or other divisions of
1357	land for the purpose, whether immediate or future, of transfer
1358	of ownership, or, if the establishment of any new street is
1359	involved, any division of such parcel; provided that the
1360	division of land into parcels of more than 5 acres not involving
1361	any changes in street lines or public easements shall not be
1362	deemed to be a subdivision within the meaning of this charter.
1363	The term includes a resubdivision and, when appropriate to
1364	context, shall relate to the process of subdivision or to land
1365	subdivided. The singular usage includes the plural and the
1366	plural the singular.
1367	c.  Any division of a parcel of land as a subdivision shall
1368	be subject to such plat and subdivision regulations heretofore
1369	adopted or hereafter adopted, amended, or modified by the
1370	district under authority of law. Such regulations may provide
1371	for streets in the subdivision, to be of such width, grade, and
1372	location as to facilitate drainage; provide that adequate
1373	easements and rights-of-way be provided for drainage purposes
1374	and that the layout of the subdivision conform to the
1375	comprehensive plan for drainage for the area; and provide that
1376	for the Central Broward Water Control District's drainage
1377	requirements to be met. The district shall not approve any
1378	subdivision plats unless the land included within the
1379	subdivision is suitable or shall be made suitable to the various
1380	purposes for which it is intended to be used, and in particular,
1381	unless all land intended for building sites can be used safely
1382	for building purposes, without the danger from flood of other
1383	inundation, or from any such menace to health, safety, or public
1384	welfare. It shall be unlawful for anyone being an owner, or
1385	agent of an owner, of any land to transfer, sell, agree to sell,
1386	or negotiate to sell such land by reference to, or exhibition
1387	of, or by any other use of a plat or subdivision of such land,
1388	without having submitted a plat of such subdivision to the
1389	district and obtaining its approval as required by this charter.
1390	If such unlawful use be made of a plat before it is properly
1391	approved by the district, the owner, or the agent of the owner,
1392	of such land shall be guilty of a misdemeanor, punishable as
1393	provided by general law. The description by metes and bounds in
1394	the instrument of transfer or other documents used in the
1395	process of transferring shall not exempt the transaction from
1396	such penalties. It shall be unlawful to transfer lots or units
1397	of lots by metes and bounds description in order to circumvent
1398	the provisions of this charter. The district, through its legal
1399	representatives, may enjoin such transfers or sales or
1400	agreements by injunction or other appropriate action.
1401	Section 42.  Procurement of contractual services and
1402	purchase of goods, supplies, and materials.--The Board of
1403	Commissioners of the Central Broward Water Control District in
1404	Broward County may procure contractual services and purchase
1405	goods, supplies, and materials as provided in this section.
1406	a.  All contracts let by the board of commissioners for
1407	professional architectural, engineering, landscape
1408	architectural, or land surveying services for any project
1409	authorized by this charter must comply with s. 287.055, Florida
1410	Statutes, Consultants Competitive Negotiation Act.
1411	b.  Except as stated herein and as provided in subsections
1412	c., d., and e. and in s. 287.055, Florida Statutes, the board of
1413	commissioners may not enter into a contract for the construction
1414	or maintenance of any improvements authorized under this
1415	charter, and goods, supplies, or materials may not be purchased
1416	if the amount to be paid by the district under the contract or
1417	for the goods, supplies, or materials exceeds the amount allowed
1418	by s. 287.017, Florida Statutes, for category two $10,000,
1419	unless notice of bids is advertised advertized in a newspaper of
1420	general circulation in Broward County. The bid of the lowest
1421	responsible, acceptable bidder must be accepted, unless all bids
1422	are rejected. The board of commissioners may require the bidders
1423	to furnish a bond or letter of credit with responsible surety to
1424	be approved by the board of commissioners. This section does not
1425	prevent the board of commissioners from undertaking and
1426	performing the construction, operation, and maintenance of any
1427	project, facility, or improvement authorized under this charter,
1428	by the employment of labor, material, and machinery.
1429	c.  Notwithstanding subsection b., if the board of
1430	commissioners finds, by resolution, that the use of competitive
1431	bidding is not practicable, contractual services and purchases
1432	of goods, supplies, or materials may be procured by competitive
1433	sealed proposals. The request for proposals must include a
1434	statement of the services sought or the goods, supplies, or
1435	materials requested and all contractual terms and conditions
1436	applicable to the procurement of the contractual services or of
1437	the goods, supplies, or materials requested. The contract must
1438	be awarded to the responsive offeror whose proposal is
1439	determined to be the most advantageous to the district, taking
1440	into consideration price and other evaluation criteria set forth
1441	in the request for proposals.
1442	d.  If the board of commissioners finds, by resolution,
1443	that an immediate danger to the public health, safety, or
1444	welfare or substantial loss to the district or property owners
1445	in the district requires emergency action, the board of
1446	commissioners may procure contractual services necessitated by
1447	the immediate danger or substantial loss without competition.
1448	However, such emergency procurement shall be made with such
1449	competition as is practicable under the circumstances.
1450	e.  If competitive bids or proposals for contractual
1451	services or for purchases of goods, supplies, or materials are
1452	not received, the board of commissioners may negotiate and
1453	determine the best terms and conditions.
1454	Section 43.  Severability.--In the event any section or
1455	provision of this act is determined to be invalid or
1456	unenforceable, such determination shall not affect the validity
1457	or enforceability of each other section and provision of this
1458	act, and to this end the provisions of this act are declared
1459	severable.
1460	Section 2.  This act shall take effect upon becoming a law.

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