CS/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; deleting or updating obsolete language;
8	revising the geographical boundaries of district zones for
9	the election of commissioners; revising residency
10	requirements for commissioner qualification; revising
11	requirements for the filling of vacancies on the board of
12	commissioners; revising provisions relating to filing fees
13	and oath of office; providing the procedure for selection
14	of chair and vice chair in the event of a deadlock;
15	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	providing severability; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Sections 2 through 7, 12, 17, 33, 34, 37
30	through 40, and 42 of section 2 of chapter 98-501, Laws of
31	Florida, as amended by chapter 2002-362, Laws of Florida, are
32	amended, and section 43 is added to that section, to read:
33	Section 2.  District created and boundaries thereof.--The
34	creation of the Central Broward Water Control District with the
35	powers herein vested in it by this act is to further the best
36	interests of the public, health, safety, and welfare inasmuch as
37	proper drainage, flood protection, and water management are is
38	necessary to protect said lands hereinafter described. That for
39	the purpose of providing drainage, flood protection, and water
40	management services conducted pursuant to this section for the
41	lands hereinafter described and for other purposes stated in
42	this act, a drainage and water management district is hereby
43	created and established in Broward County, to be known as the
44	Central Broward Water Control District, an independent special
45	district, the geographical boundaries of which shall include the
46	following land lying, being, and situate in Broward County,
47	Florida, to wit:
48
49	Begin at the intersection of the east right-of-way line
50	of State Road #7 and its intersection with the south
51	line of Tier 1; as shown by the Plat of NEWMAN'S SURVEY,
52	as recorded in Plat Book 2, Page 26, of the Public
53	Records of Miami-Dade County, Florida, (All subsequent
54	references to Tract and Tier number refer to this plat);
55	thence westerly, along the south line of Tiers 1, 3, 5,
56	7, and 9, and their prolongations thereof, to an
57	intersection with the northerly extension of the east
58	line of Tract 7, Section 25, Township 50 South, Range 41
59	East, as shown on said plat of NEWMAN'S SURVEY; thence
60	southerly, along said northerly extension and said east
61	line, to the southeast corner of said Tract 7; thence
62	westerly, along the south line of said Tract 7 and its
63	westerly prolongation, to the northeast corner of Tract
64	9 of said Section 25; thence southerly, along the east
65	line of said Tract 9, to the southeast corner of said
66	Tract 9; thence westerly, along the south line of said
67	Tract 9, to the southwest corner of said Tract 9; thence
68	northerly, along the west line of Tracts 9 and 8, and
69	their northerly prolongation to an intersection with the
70	south line of Tier 13; thence westerly, along the south
71	line of Tiers 13, 15, 17, 19, 23, 25, 27, and 29, and
72	their prolongations thereof, to the southwest corner of
73	Tract 8, Tier 29; thence northerly, along the west line
74	of Tier 29, to the southwest corner of Tract 4, Tier 29;
75	thence westerly, along the south line of Tract 4, Tiers
76	31, 33, 35 and 37 and their prolongations thereof, to
77	the Southwest corner of Tract 4, Tier 37; thence
78	northerly, along the west line of said Tier 37, to the
79	intersection with the centerline of the right-of-way of
80	the North New River Canal; thence northwesterly, along
81	said centerline, to the intersection with the west line
82	of Section 4, Township 50 South, Range 40 East; thence
83	southerly, along the west lines of Sections 4, 9, 16, 21
84	and 28, of Township 50 South, Range 40 East, to the
85	physical centerline of the South New River Canal; thence
86	meandering easterly, northeasterly, northerly,
87	northwesterly, northeasterly, southeasterly and easterly
88	along said physical centerline, to its intersection with
89	the west line of Section 27, Township 50 South, Range 40
90	East; thence southerly, along the west line of Sections
91	27 and 34, Township 50 South, Range 40 East, and
92	continuing southerly, along the west line of Section 3,
93	Township 51 South, Range 40 East to the southwest corner
94	of said Section 3; thence easterly, along the south line
95	of Sections 3, 2, and 1, Township 51 South, Range 40
96	East and continuing easterly, along the south line of
97	Sections 6, 5 and 4, Township 51 South, Range 41 east,
98	to the northwest corner of Section 10, Township 51
99	South, Range 41 East; thence, southerly, along the west
100	line of said Section 10, to the west one-quarter (W
101	1/4)corner of said Section 10; thence, easterly, along
102	the south line of the north one-half (N1/2) of Sections
103	10, 11 and 12, Township 51 South, Range 41 East, to an
104	intersection with a line 80 feet east of, as measured at
105	right angles to, and parallel with the west right-of-way
106	line of Florida's Turnpike; thence, northerly, along
107	said parallel line, and continuing 80 feet east of said
108	right-of-way, to an intersection with the south line of
109	Section 36, Township 50 South, Range 41 East; thence,
110	easterly, along said south line, to an intersection with
111	the east right-of-way line of State Road #7; thence
112	northerly, along said east right of way, to the Point of
113	Beginning. Starting at the intersection of the East
114	Right-of-way line of State Road #7 and its intersection
115	with the South line of Tier 3; as shown by the Plat of
116	NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26 of
117	the Public Records of Dade County, Florida (All
118	subsequent references to Tract and Tier number refer to
119	this plat), for the point of beginning; thence Westerly
120	along the South line of Tiers 3, 5, 7 and 9, and their
121	prolongations thereof, to an intersection with the
122	Northerly extension of the East line of Tract 7, Section
123	25, Township 50 South, Range 41 East, as shown on said
124	plat of NEWMAN'S SURVEY; thence Southerly along the East
125	line of Tract 7 to the Southeast corner of said Tract 7;
126	thence Westerly along the South line of said Tract 7 to
127	the Northeast corner of tract 9 of said Section 25;
128	thence Southerly along the East line of said Tract 9 to
129	the Southeast corner of said Tract 9; thence Westerly,
130	along the South line of said Tract 9 to the Southwest
131	corner of said Tract 9; thence Northerly along the West
132	line of Tracts 9 and 8 and their Northerly prolongation
133	to an intersection with the South line of Tier 13;
134	thence Westerly along the South line of Tiers 15, 17,
135	19, 21, 23, 25, 27 and 29, and their prolongations
136	thereof to the Southwest corner of Tract 8, Tier 29;
137	thence Northerly along the West line of Tier 29 to the
138	Southwest corner of Tract 4, Tier 29; thence Westerly
139	along the South line of Tract 4, Tiers 31, 33, 35 and 37
140	and their prolongations thereof to the Southwest corner
141	of Tract 4, Tier 37; thence run Northerly along the West
142	line of said Tier 37, to the North right-of-way line of
143	the North New River Canal; thence run northwesterly
144	along the north side of the north bank of the said canal
145	to the intersection of said bank with the west line of
146	Section 4, Township 50 South, Range 40 East; thence
147	southerly along the west line of Sections 4, 9, 16, 21
148	and 28 of Township 50 South, Range 40 East, to the South
149	side of the south bank of the South New River Canal;
150	thence Easterly along the south side of the south bank
151	the South New River canal to its intersection with the
152	west line of Section 27, Township 50 South, Range 40
153	East; thence southerly along the west line of Sections
154	27 and 34, Township 50 South, Range 40 East and
155	continuing along the West line of Section 3 Township 51
156	South, Range 40 East to the Southwest corner of Section
157	3, Township 51 South, Range 40 East; thence east along
158	the south line of Sections 3, 2 and 1 in Township 51
159	South, Range 40 East and continuing along the south line
160	of Sections 6, 5 and 4, in Township 51 South, Range 41
161	East, to the northwest corner of Section 10, Township 51
162	South, Range 41 East; thence, run south along the west
163	line of said Section 10 to the southwest corner of the
164	north half of said Section 10; thence, run east along
165	the south line of the north half of Sections 10, 11 and
166	12, in Township 51 South, Range 41 East, to the east
167	bank of the drainage ditch along the west side of the
168	Florida Turnpike; thence, run north along the east bank
169	of said ditch to the south line of Section 36, Township
170	50 South, Range 41 East; thence, run east along the
171	south line of said Section 36 to the east side of State
172	Road #7; thence, in a northerly direction along the east
173	side of said State Road #7 to the point of beginning.
174
175	Section 3.  Powers.--The district is hereby granted and
176	shall have full power and authority as follows:
177	a.  To contract and be contracted with.
178	b.  To sue and be sued.
179	c.  To plead and to be impleaded in all courts.
180	d.  To acquire by purchase, gift, devise, condemnation,
181	eminent domain, or otherwise, property, real or personal, or any
182	estate therein, within or without the district, to be used for
183	any purpose necessary or to meet the needs of any of the
184	purposes of this act.
185	e.  To establish, construct, operate, and maintain a system
186	of main and lateral canals, drains, ditches, levees, dikes,
187	dams, sluices, locks, revetments, reservoirs, holding basins,
188	floodways, pumping stations, syphons, culverts, and storm
189	sewers, and to connect some or any of them as within the
190	judgment of the board of commissioners is deemed advisable to
191	drain and provide water management services conducted pursuant
192	to this section for the lands within the district created.
193	f.  To acquire and maintain appropriate sites for storage
194	and maintenance of the equipment of the district.
195	g.  To acquire and maintain and/or construct a suitable
196	building to house the offices and records of the district.
197	h.  To have all the powers and rights of a body corporate
198	and to adopt and use a seal and to alter the same at the
199	pleasure of a majority of the board of commissioners.
200	i.  To clean out, straighten, widen, open up or change the
201	course and flow, alter, or deepen any canal, ditch, drain,
202	river, water course, or natural stream as within the judgment of
203	the board of commissioners is deemed advisable to drain and
204	provide water management services conducted pursuant to this
205	section for the lands within the said district hereby created.
206	j.  To acquire, purchase, operate, and maintain pumps,
207	plants, and pumping systems for drainage purposes.
208	k.  To construct, operate, and maintain irrigation works
209	and machinery in connection with the purposes herein set forth.
210	l.  To construct, improve, pave, and maintain roadways,
211	rights-of-way, easements, and roads necessary and convenient for
212	the exercise of the powers and duties herein set forth.
213	m.  To regulate and set forth by appropriate order the
214	drainage requirements and other auxiliary conditions to be met
215	for plats to be entitled to record on any land within the
216	district, including authority to require as a condition
217	precedent for any platting that good and sufficient bond be
218	posted to assure proper drainage and water management for the
219	area to be platted.
220	n.  To borrow money for periods over 1 year and issue
221	negotiable paper or other bonds of the district as hereinafter
222	provided.
223	o.  To borrow money from time to time for periods under 1
224	year and issue negotiable notes or other notes of said district
225	as provided in this act.
226	p.  To build and construct any other works and improvements
227	deemed necessary to preserve and maintain the works in or out of
228	said district.
229	q.  To acquire, construct, operate, maintain, use, sell,
230	convey, transfer, or otherwise provide for pumping stations,
231	including pumping machinery, motive equipment, electric lines,
232	and all appurtenant or auxiliary machines, devices, or equipment
233	for the purpose of drainage and water management services
234	conducted pursuant to this section.
235	r.  To contract for the purchase, construction, operation,
236	maintenance, use, sale, conveyance, and transfer of the said
237	pumping stations, machinery, motive equipment, electric lines,
238	and appurtenant equipment, including the purchase of electric
239	power and energy for the operation of the same.
240	s.  To construct or enlarge, or cause to be constructed or
241	enlarged, any and all bridges or culverts that may be needed in
242	or out of the district, across any drain, ditch, canal,
243	floodway, holding basin, excavation, public highway, railroad
244	right-of-way, tract, grade, fill, or cut.
245	t.  To construct roadways over levees and embankments.
246	u.  To construct any and all of said works and improvements
247	across, through, or over any public highway, railroad right-of-
248	way, track, grade, fill, or cut in or out of the district.
249	v.  To remove any fence, building, or other improvements,
250	in or out of the district for purposes of drainage and water
251	management services conducted pursuant to this section.
252	w.  To hold, control, and acquire by donation or purchase,
253	condemnation, easement, railroad right-of-way, sluice,
254	reservation, holding basin, or franchise in or out of said
255	district for right-of-way, holding basin, for any of the
256	purposes herein provided, or for material to be used in
257	constructing and maintaining said works and improvements for
258	drainage, protecting, and providing water management services
259	conducted pursuant to this section for the lands in said
260	district.
261	x.  To condemn or acquire, by purchase or grant, or by
262	exercise of the right of eminent domain, for use in the
263	district, any land or property within or without said district
264	and acquire or condemn any other property within or without said
265	district and shall follow in connection therewith the procedure
266	set out in chapter 73, Florida Statutes, (Eminent Domain) which
267	shall be construed so as to be applicable to the district
268	created hereby.
269	y.  To assess and impose upon all of the lands in the
270	district an annual tax as provided in this act.
271	z.  To impose and foreclose special assessment liens as
272	provided in this act.
273	aa.  To prohibit, regulate, and restrict by appropriate
274	resolution of the board of commissioners all structures,
275	materials, and things, whether solid, liquid, or gas, whether
276	permanent or temporary in nature, which come upon, come into,
277	connect to, or be a part of any of the main or lateral drains,
278	ditches, canals, levees, dikes, dams, sluices, revetments,
279	reservoirs, holding basins, floodways, pumping stations, and
280	syphons which may have been heretofore created or which may be
281	hereafter created or which may be hereafter constructed.
282	bb.  To administer and provide for the enforcement of all
283	the provisions herein, including the making, adopting,
284	promulgating, amending, and repealing of all rules and
285	regulations necessary or convenient for the carrying out of the
286	duties, obligations, and powers conferred on the district
287	created hereby and further for the proper administration and
288	enforcement hereof.
289	cc.  To cooperate with or contract with other drainage
290	districts or governmental agencies as may be necessary,
291	convenient, incidental, or proper in connection with any of the
292	powers, duties, or purposes of the district as stated in this
293	charter.
294	dd.  To employ engineers, attorneys, agents, employees, and
295	representatives as the board of commissioners may from time to
296	time determine necessary and to fix their compensation and
297	duties.
298	ee.  To exercise all of the powers necessary, convenient,
299	incidental, or proper in connection with any of the powers,
300	duties, or purposes of the district as stated in this act;
301	however, none of the powers contained herein shall apply to the
302	works of the South Florida Water Management District.
303	Section 4.  Board of commissioners.--
304	a.  The governing board of the district shall be designated
305	as the board of commissioners of the Central Broward Water
306	Control District and shall be composed of six members who shall
307	be known as commissioners.
308	b.  All commissioners shall be elected on an at-large
309	nonpartisan basis, by the qualified electors residing within the
310	district zone that the election is for, in accordance with the
311	procedure provided in this act. Commissioners from Zones 1, 2,
312	and 6 shall be elected in the general election of November 2002.
313	Commissioners from zones 3, 4, and 5 shall be elected in the
314	general election of November 2004. The individual receiving the
315	most votes who has qualified to run as commissioner for a
316	specific zone shall be elected commissioner of that zone. No
317	zone commissioner elected prior to January 1, 2002, shall be
318	affected in his or her term of office.
319	c.  The board of commissioners of the Central Broward Water
320	Control District shall hereafter be elected on a basis of each
321	of the six commissioners representing one of the six respective
322	geographical zones of the entire district as provided herein. In
323	qualifying for such office, each candidate shall designate the
324	zone he or she is qualifying for.
325	d.  The six zones of the entire district are as follows:
326
327	Zone 1:  Begin at the intersection of the centerline
328	right-of-way of the North New River Canal with the west
329	line of Section 3, Township 50 South, Range 40 East,
330	Broward County, Florida; thence southeasterly, along
331	said centerline, to the intersection with the east line
332	of Section 12, Township 50 South, Range 40 East; thence
333	southerly, along said east line, to the southeast corner
334	of said Section 12; thence westerly, along the south
335	line of said Section 12, to the southwest corner of said
336	Section 12; thence southerly, along the east line of
337	Sections 14, 23 and 26, Township 50 South, Range 40
338	East, to the intersection with the physical centerline
339	of the South New River Canal; thence westerly, along
340	said centerline, to the intersection with the west line
341	of the east one-half (E 1/2) of Section 27, Township 50
342	South, Range 40 East; thence northerly, along the west
343	line of the east one-half (E 1/2) of Sections 27 and 22,
344	Township 50 South, Range 40 East, to the north one-
345	quarter (N 1/4) corner of said Section 22; thence
346	westerly, along the south line of Sections 15 and 16,
347	Township 50 South, Range 40 East, to the south one-
348	quarter (S 1/4) corner of said Section 16; thence
349	northerly, along the west line of the east one-half (E
350	1/2) of said Section 16, to the north one-quarter (N
351	1/4) corner of said Section 16; thence easterly, along
352	the north line of said Section 16, to the northeast
353	corner of said Section 16; thence northerly, along the
354	west line of Sections 10 and 3, Township 50 South, Range
355	40 East, to the Point of Beginning. Beginning at the
356	intersection of the north side of the north bank of the
357	North New River Canal with the West line of Section 3,
358	Township 50 South, Range 40 East, Broward County,
359	Florida; thence Southeasterly along said north side of
360	the north bank of the North New River Canal, to the
361	intersection with the East line of Section 12, Township
362	50 South, Range 40 East; thence Southerly, along said
363	East line of Section 12, to the Southeast corner of said
364	Section 12; thence Westerly, along the South line of
365	said Section 12, to the Southwest corner of said Section
366	12; thence Southerly, along the East line of Sections
367	14, 23 and 26, Township 50 South, Range 40 East, to the
368	intersection with the south side of the south bank of
369	the South New River Canal; thence westerly, along said
370	south side of the south bank of the South New River
371	Canal, to the intersection with the West line of the
372	East Half (E 1/2) of Section 27, Township 50 South,
373	Range 40 East; thence Northerly, along the West line of
374	the East Half of Sections 27 and 22, Township 50 South,
375	Range 40 East, to the Northwest corner of said East Half
376	(E 1/2) of Section 22; thence Westerly, along the South
377	line of Sections 15 and 16, Township 50 South, Range 40
378	East, to the West line of the East Half (E 1/2) of said
379	Section 16; thence Northerly, along said West line of
380	the East Half (E 1/2) of Section 16, to the Northwest
381	corner of said East Half (E 1/2) of Section 16; thence
382	Easterly, along the North line of said Section 16, to
383	the Northeast corner of said Section 16; thence
384	Northerly, along the West line of Sections 10 and 3,
385	Township 50 South, Range 40 East, to the Point of
386	Beginning.
387
388	Zone 2:  Begin at the intersection of the centerline
389	right-of-way of the North New River Canal with the east
390	line of Section 12, Township 50 South, Range 40 East,
391	Broward County, Florida; thence southeasterly, along
392	said centerline to the intersection with the east line
393	of Section 16, Township 50 South, Range 41 East; thence
394	southerly, along said east line, to the southeast corner
395	of said Section 16; thence westerly, along the south
396	line of said Section 16, to the southwest corner of said
397	Section 16; thence southerly, along the east line of
398	Section 20, Township 50 South, Range 41 East, to the
399	southeast corner of said Section 20; thence westerly,
400	along the south line of Sections 20 and 19, Township 50
401	South, Range 41 East, to the southwest corner of said
402	Section 19; thence continue westerly, along the
403	extension of the south line of said Section 19, across
404	the Hiatus between the west line of said Section 19 and
405	the east line of Section 24, Township 50 South, Range 40
406	East, to a point on the east line of said Section 24;
407	thence southerly, along the east line of Sections 24 and
408	25, Township 50 South, Range 40 East, to the
409	intersection with the physical centerline of the South
410	New River Canal; thence westerly, along said centerline,
411	to the intersection with the west line of Section 25,
412	Township 50 South, Range 40 East; thence northerly,
413	along the west line of Sections 25, 24 and 13, Township
414	50 South, Range 40 East to the southwest corner of
415	Section 12, Township 50 South, Range 40 East; thence
416	easterly, along the south line of said Section 12, to
417	the southeast corner of said Section 12; thence
418	northerly, along the east line of said Section 12, to
419	the Point of Beginning. Beginning at the intersection of
420	the north side of the north bank of the North New River
421	Canal with the east line of Section 12, Township 50
422	South, Range 40 East, Broward County, Florida; thence
423	run southeasterly along the north side of the north bank
424	of said canal to the intersection of said bank with the
425	east line of Section 16, Township 50 South, Range 41
426	East; thence run southerly along the east line of said
427	Section 16, Township 50 South, Range 41 East to the
428	southeast corner of said Section 16, Township 50 South,
429	Range 41 East; thence run westerly along the south line
430	of said Section 16, Township 50 South, Range 41 East to
431	the southwest corner of said Section 16, Township 50
432	South, Range 41 East; thence run southerly along the
433	east line of Section 20, Township 50 South, Range 41
434	East, to the southeast corner of said Section 20,
435	Township 50 South, Range 41 East; thence run westerly
436	along the south line of Sections 20 and 19, Township 50
437	South, Range 41 East, to the southwest corner of said
438	Section 19, Township 50 South, Range 41 East; thence
439	continue westerly along the extension of the south line
440	of said Section 19, Township 50 South, Range 41 East
441	across the Hiatus between the west line of said Section
442	19, Township 50 South, Range 41 East and the east line
443	of Section 24, Township 50 South, Range 40 East to a
444	point on the east line of said Section 24, Township 50
445	South, Range 40 East; thence continue southerly along
446	the east line of Sections 24 and 25, Township 50 South,
447	Range 40 East, to the intersection with the south side
448	of the south bank of the South New River Canal; thence
449	run westerly along the south side of the south bank of
450	said canal to the intersection with the west line of
451	Section 25, Township 50 South, Range 40 East; thence,
452	run northerly along the west line of Sections 25, 24 and
453	13, Township 50 South, Range 40 East to the Southwest
454	corner of Section 12, Township 50 South, Range 40 East,
455	thence run easterly along the south line of said Section
456	12, Township 50 South, Range 40 East to the Southeast
457	corner of said Section 12, Township 50 South, Range 40
458	East, thence run northerly along the east line of said
459	Section 12, Township 50 South, Range 40 East, to the
460	point of beginning.
461
462	Zone 3:  Begin at the intersection of the physical
463	centerline of the South New River Canal and the east
464	right-of-way line of State Road No. 7; thence northerly,
465	along the east right of way line to intersection with
466	the south line of Tier 1; as shown by the Plat of
467	NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26, of
468	the Public Records of Miami-Dade County, Florida, (All
469	subsequent references to Tract and Tier number refer to
470	this plat); thence westerly, along the south line of
471	Tiers 1, 3, 5, 7, and 9, and their prolongations
472	thereof, to an intersection with the northerly extension
473	of the east line of Tract 7, Section 25, Township 50
474	South, Range 41 East, as shown on said plat of NEWMAN'S
475	SURVEY; thence southerly, along said northerly extension
476	and said east line, to the southeast corner of said
477	Tract 7; thence westerly, along the south line of said
478	Tract 7 and its westerly prolongation, to the northeast
479	corner of Tract 9 of said Section 25; thence southerly,
480	along the east line of said Tract 9, to the southeast
481	corner of said Tract 9; thence westerly, along the south
482	line of said Tract 9, to the southwest corner of said
483	Tract 9; thence northerly, along the west line of Tracts
484	9 and 8, and their northerly prolongation to an
485	intersection with the south line of Tier 13; thence
486	westerly, along the south line of Tiers 13, 15, 17, 19,
487	23, 25, 27, and 29, and their prolongations thereof, to
488	the southwest corner of Tract 8, Tier 29; thence
489	northerly, along the west line of Tier 29, to the
490	southwest corner of Tract 4, Tier 29; thence westerly,
491	along the south line of Tract 4, Tiers 31, 33, 35 and 37
492	and their prolongations thereof, to the Southwest corner
493	of Tract 4, Tier 37; thence northerly, along the west
494	line of said Tier 37, to the intersection with the
495	centerline of the right-of-way of the North New River
496	Canal; thence northwesterly, along said centerline, to
497	the intersection with the west line of Section 15,
498	Township 50 South, Range 41 East; thence southerly,
499	along the east line of Section 16, Township 50 South,
500	Range 41 East to the southeast corner of said Section
501	16; thence westerly, along the south line of said
502	Section 16,  to southwest corner of said Section 16;
503	thence southerly, along the east line of Section 20,
504	Township 50 South, Range 41 East, to the southeast
505	corner of said Section 20; thence westerly, along the
506	south line of Sections 20 and 19, Township 50 South,
507	Range 41 East to the southwest corner of said Section
508	19; thence continue westerly, along the extension of the
509	south line of said Section 19, across the Hiatus between
510	the west line of said Section 19 and the east line of
511	Section 24, Township 50 South, Range 40 East to a point
512	on the east line of said Section 24; thence southerly,
513	along the east line of Sections 24 and 25, Township
514	50 South, Range 40 East, to the intersection with the
515	physical centerline of the South New River Canal; thence
516	easterly, along said centerline, to the Point of
517	Beginning. Beginning at the intersection of the south
518	side of the south bank of the South New River Canal and
519	the east right-of-way line of State Road No. 7; thence,
520	run northerly along the east side of said State Road No.
521	7 to the north line of Section 25, Township 50 South,
522	Range 41 East; thence run westerly along the north line
523	of Sections 25 and 26, Township 50 South, Range 41 East,
524	to its intersection with the west line of Tract 8, Tier
525	29, as shown by the Plat of NEWMAN'S SURVEY, as recorded
526	in Plat Book 2, Page 26, of the Public Records of Dade
527	County, Florida, (all subsequent references to Tract and
528	Tier numbers refer to this Plat) also known as the
529	Southwest corner of Tract 8, Tier 29; thence run
530	northerly along the west line of Tier 29 for a distance
531	of 3,356.37 feet more or less to the southwest corner of
532	Tract 4, Tier 29; thence run westerly along the south
533	line of Tract 4 in Tiers 31, 33, 35 and 37 and their
534	prolongations thereof for a distance of 2,399.28 ft.
535	more or less to the southwest corner of Tract 4, Tier
536	37; thence run northerly along the west line of said
537	Tier 37 for a distance of 3,456 ft. more or less to the
538	north right-of-way line of the North New River Canal;
539	thence run northwesterly along the north side of the
540	north bank of said canal to the intersection of said
541	bank with the west line of Section 15, Township 50
542	South, Range 41 East; thence, run southerly along the
543	east line of Section 16, Township 50 South, Range 41
544	East to the southeast corner of said Section 16,
545	Township 50 South, Range 41 East; thence run westerly
546	along the south line of said Section 16, Township 50
547	South, Range 41 East to southwest corner of said Section
548	16, Township 50 South, Range 41 East; thence run
549	southerly along the east line of Section 20, Township 50
550	South, Range 41 East, to the southeast corner of said
551	Section 20, Township 50 South, Range 41 East; thence run
552	westerly along the south line of Sections 20 and 19,
553	Township 50 South, Range 41 East to the southwest corner
554	of said Section 19, Township 50 South, Range 41 East;
555	thence continue westerly along the extension of the
556	south line of said Section 19, Township 50 South, Range
557	41 East across the Hiatus between the west line of said
558	Section 19, Township 50 South, Range 41 East and the
559	east line of Section 24, Township 50 South, Range 40
560	East to a point on the east line of said Section 24,
561	Township 50 South, Range 40 East; thence continue
562	southerly along the east line of Sections 24 and 25,
563	Township 50 South, Range 40 East, to the intersection
564	with the south side of the south bank of the South New
565	River Canal; thence, run easterly along the south side
566	of the south bank of said canal to the point of
567	beginning. Less the following described property:
568	Beginning at the southeast corner of Tract 7, Section
569	25, Township 50 South, Range 41 East, as shown by Plat
570	of NEWMAN'S SURVEY, as recorded in Plat Book 2, Page 26,
571	Public Records of Dade County, Florida (all subsequent
572	references to Tract and Tier numbers refer to this
573	plat); thence run westerly along the south line of said
574	Tract 7 to the northeast corner of Tract 9 of said
575	Section 25, Township 50 South, Range 41 East; thence
576	southerly along the east line of said Tract 9 to the
577	southeast corner of said Tract 9; thence westerly along
578	the south line of said Tract 9 to the southwest corner
579	of said Tract 9; thence northerly along the west line of
580	Tracts 9 and 8 and their northerly prolongation to an
581	intersection with the south line of Tier 13; thence
582	easterly along the south line of Tiers 13, 11 and 9 and
583	their prolongations thereof to an intersection with the
584	northerly extension of the east line of tract 7; thence
585	southerly along the east line of Tract 7 to the point of
586	beginning.
587
588	Zone 4:  Begin at the intersection of the east right-of-
589	way line of State Road No. 7 and the physical centerline
590	of the South New River Canal; thence southerly, along
591	said right-of way line, to the intersection with the
592	south line of Section 36, Township 50 South, Range 41
593	East; thence westerly, along the south line of Sections
594	36, 35, 34, 33 and 32 in Township 50 South, Range 41
595	East, to the northeast corner of Section 5, Township 51
596	South, Range 41 East; thence southerly, along the east
597	line of said Section 5, to the southeast corner of said
598	Section 5; thence westerly, along the south line of
599	Sections 5 and 6, Township 51 South, Range 41 East, to
600	the southwest corner of said Section 6; thence
601	northerly, along the west line of said Section 6, to the
602	northwest corner of said Section 6; thence easterly,
603	along the north line of Sections 6 and 5, Township 51
604	South, Range 41 East to the southwest corner of Section
605	32, Township 50 South, Range 41 East; thence northerly,
606	along the west line of Sections 32 and 29, Township 50
607	South, Range 41 East to the physical centerline of the
608	South New River Canal; thence easterly, along said
609	physical centerline, to the Point of Beginning.
610	Beginning at the intersection of the east right-of-way
611	line of State Road No. 7 and the south side of the south
612	bank of South New River Canal; thence, run southerly
613	along with east side of said State Road No. 7 to the
614	south line of Section 36, Township 50 South, Range 41
615	East; thence, run westerly along the south line of
616	Sections 36, 35, 34, 33 and 32 in Township 50 South,
617	Range 41 East to the Northeast corner of Section 5,
618	Township 51 South, Range 41 East; thence, run southerly
619	to the Southeast corner of said Section 5, Township 51
620	South, Range 41 East; thence, run westerly along the
621	South line of Sections 5 and 6, Township 51 South, Range
622	41 East to the Southwest corner of said Section 6,
623	Township 51 South, Range 41 East; thence, run northerly
624	along the west line of Section 6, Township 51 South,
625	Range 41 East to the Northwest corner of said Section 6,
626	Township 51 South, Range 41 East; thence, run easterly
627	along the north line of Sections 6 and 5, Township 51
628	South, Range 41 East to the Southwest corner of Section
629	32, Township 50 South, Range 41 East; thence, run
630	northerly along the west line of Sections 32 and 29,
631	Township 50 South, Range 41 East to the south side of
632	the south bank of the South New River Canal; thence run
633	easterly along the south side of the south bank of the
634	South New River Canal to the point of beginning.
635
636	Zone 5:  Begin at the northwest corner of Section 4,
637	Township 51 South, Range 41 East; thence southerly,
638	along the west line of said Section 4, to the southwest
639	corner of said Section 4; thence easterly, along the
640	south line of said Section 4, to the northwest corner of
641	Section 10, Township 51 South, Range 41 East; thence
642	southerly, along the west line of said Section 10, to
643	the west one-quarter (W 1/4) corner of said Section 10;
644	thence easterly, along the south line of the north one-
645	half (N 1/2) of Sections 10, 11 and 12, Township 51
646	South, Range 41 East, to an intersection with a line 80
647	feet east of, as measured at right angles to, and
648	parallel with the west right-of-way line of Florida's
649	Turnpike; thence northerly, along said parallel line,
650	and continuing 80 feet east of said right-of-way, to an
651	intersection with the north line of Section 1, Township
652	51 South, Range 41 East; thence westerly, along the
653	north line of Sections 1, 2, 3 and 4, Township 51 South,
654	Range 41 East, to the Point of Beginning. Beginning at
655	the Northwest corner of Section 4, Township 51 South,
656	Range 41 East; thence, run southerly along the west line
657	of said Section 4, Township 51 South, Range 41 east to
658	the Southwest corner of said Section 4, Township 51
659	South, Range 41 East; thence, run easterly along the
660	south line of said Section 4, Township 51 South, Range
661	41 East, to the northwest corner of Section 10, Township
662	51 South, Range 41 East; thence, run southerly along the
663	west line of said Section 10, Township 51 South, Range
664	41 East to the southwest corner of the north half of
665	said Section 10, Township 51 South, Range 41 East;
666	thence run easterly along the south line of the north
667	half of Sections 10, 11 and 12, in Township 51 South,
668	Range 41 East to the east bank of the drainage ditch
669	along the west side of the Sunshine State Parkway
670	(Florida Turnpike); thence, run northerly along the east
671	bank of said ditch to the north line of Section 1,
672	Township 51 South, Range 41 East; thence, run westerly
673	along the north line of Sections 1, 2, 3 and 4, Township
674	51 South, Range 41 East to the point of beginning.
675
676	Zone 6:  Begin at the southwest corner of Section 3,
677	Township 51 South, Range 40 East, Broward County,
678	Florida; thence northerly, along the west line of said
679	Section 3, to the northwest corner of said Section 3;
680	thence northerly, along the west line of Sections 34 and
681	27, Township 50 South, Range 40 East, to the
682	intersection with the physical centerline of the South
683	New River Canal; thence meandering westerly,
684	northwesterly, southwesterly, southeasterly, southerly,
685	southwesterly and westerly, along said centerline, to
686	the intersection with the west line of Section 28,
687	Township 50 South, Range 40 East; thence northerly,
688	along the west line of Sections 28, 21, 16, 9 and 4,
689	Township 50 South, Range 40 East, to the intersection
690	with the centerline right-of-way of the North New River
691	Canal; thence southeasterly, along said centerline, to
692	the intersection with the west line of Section 3,
693	Township 50 South, Range 40 East; thence southerly,
694	along the west line of Sections 3 and 10, Township 50
695	South, Range 40 East, to the northeast corner of Section
696	16, Township 50 South, Range 40 East; thence westerly,
697	along the north line of said Section 16, to the north
698	one-quarter (N 1/4) corner of said Section 16; thence
699	southerly, along the west line of the east one-half (E
700	1/2) of said Section 16, to the south one-quarter (S
701	1/4) corner of said Section 16; thence easterly, along
702	the south line of Sections 16 and 15, Township 50 South,
703	Range 40 East, to the north one-quarter (N 1/4) corner
704	of Section 22, Township 50 South, Range 40 East; thence
705	southerly, along the west line of the east one-half (E
706	1/2) of Sections 22 and 27, Township 50 South, Range 40
707	East, to the intersection with the physical centerline
708	of the South New River Canal; thence easterly, along
709	said centerline, to the intersection with the east line
710	of Section 30, Township 50 South, Range 41 East; thence
711	southerly, along the east line of Sections 30 and 31,
712	Township 50 South, Range 41 East, to the north line of
713	Section 5, Township 51 South, Range 41 East; thence
714	westerly, along the north line of Sections 5 and 6,
715	Township 51 South, Range 41 East, to the northeast
716	corner of Section 1, Township 51 South, Range 40 East;
717	thence southerly, along the east line of said Section 1,
718	to the southeast corner of said Section 1; thence
719	westerly, along the south line of Sections 1, 2, and 3,
720	Township 51 South, Range 40 East, to the Point of
721	Beginning. Beginning at the Southwest corner of Section
722	3, Township 51 South, Range 40 East, Broward County,
723	Florida; thence Northerly, along the West line of said
724	Section 3, to the Northwest corner of said Section 3;
725	thence Northerly, along the West line of Sections 34 and
726	27, Township 50 South, Range 40 East, to the
727	intersection with the south side of the south bank of
728	the South New River Canal; thence Westerly, along said
729	south side of the south bank of the South New River
730	Canal, to the intersection with the West line of Section
731	28, Township 50 South, Range 40 East; thence Northerly,
732	along the West line of Sections 28, 21, 16, 9 and 4,
733	Township 50 South, Range 40 East, to the intersection
734	with the north side of the north bank of the North New
735	River Canal; thence Southeasterly, along said north side
736	of the north bank of the North New River Canal, to the
737	intersection with the West line of Section 3, Township
738	50 South, Range 40 East; thence Southerly, along the
739	West line Sections 3 and 10, Township 50 South, Range 40
740	East, to the Northeast corner of Section 16, Township 50
741	South, Range 40 East; thence Westerly, along the North
742	line of said Section 16, to the Northwest corner of the
743	East Half (E 1/2) of said Section 16; thence Southerly,
744	along the West line of said East Half (E 1/2) of Section
745	16, to the Southwest corner of said East Half (E 1/2) of
746	Section 16; thence Easterly, along the South line of
747	Sections 16 and 15, Township 50 South, Range 40 East, to
748	the Northwest corner of the East Half (E 1/2) of Section
749	22, Township 50 South, Range 40 East; thence Southerly,
750	along the West line of the East Half (E 1/2) of Sections
751	22 and 27, Township 50 South, Range 40 East, to the
752	intersection with the south side of the south bank of
753	the South New River Canal; thence Easterly, along said
754	south side of the south bank of the South New River
755	Canal, to the intersection with the East line of Section
756	30, Township 50 South, Range 41 East; thence Southerly,
757	along the East line of Sections 30 and 31, Township 50
758	South, Range 41 East, to the North line of Section 5,
759	Township 51 South, Range 41 East; thence Westerly, along
760	the North line of Sections 5 and 6, Township 51 South,
761	Range 41 East, to the Northeast corner of Section 1,
762	Township 51 South, Range 40 East; thence Southerly,
763	along the East line of said Section 1, to the Southeast
764	corner of said Section 1; thence Westerly, along the
765	South line of Sections 1, 2, and 3, Township 51 South,
766	Range 40 East, to the Point of Beginning.
767	e.  All commissioners shall serve a term of 4 years. An
768	election shall be held every 2 years to elect successors for
769	that each group of commission seats up for election. The terms
770	of the six commissioners shall be staggered. Elections for zones
771	1, 2, and 6 shall be held in the 2010 general election and every
772	4 years thereafter. Elections for zones 3, 4, and 5 shall be
773	held in the 2012 general election and every 4 years thereafter,
774	so as to have the various successors elected at the expiration
775	of the term of the respective groups.
776	f.  A commissioner shall, at the time of qualification for
777	office, be a resident of the respective zone that he or she
778	desires to represent for the 90 30 days immediately preceding
779	the date of qualifying for nomination to office. Qualifying
780	dates shall be the same as the qualifying dates for County
781	Commission for the general election. A commissioner at the time
782	of his or her qualification for office shall be a qualified
783	voter in Broward County.
784	g.  The compensation of each commissioner shall be set by
785	appropriate resolution of the board of commissioners, but shall
786	not exceed $400 dollars per month. Expenses shall be reimbursed
787	pursuant to Florida Statutes pertaining to per diem and travel
788	expenses of public officers, employees, and authorized persons,
789	and any subsequent amendments thereto.
790	h.  Whenever a commissioner shall be absent from every
791	commission meeting held in 2 consecutive calendar months, such
792	commissioner shall at the discretion of the board of
793	commissioners receive no compensation nor reimbursement of
794	expenses for the next succeeding 2-month period. Such period
795	shall be cumulative.
796	i.  In the event that a vacancy should occur in the office
797	of a commissioner, the remaining commissioners shall forthwith
798	appoint by a majority vote a successor commissioner having the
799	same qualifications, including zone resident requirements, as
800	prescribed herein for the office vacated, for the unexpired
801	term. If the commissioners shall fail to appoint a successor
802	commissioner within 30 days after a vacancy should occur, the
803	Governor shall appoint a successor commissioner for the
804	unexpired term. There is no prohibition on a commissioner
805	succeeding himself or herself in term of office.
806	j.  A vacancy shall be deemed to occur if an elected
807	commissioner moves from his or her zone prior to the expiration
808	of the term to which he or she was elected. In that event, the
809	commission shall appoint a successor commissioner in accordance
810	with subsection i. Elected Those commissioners holding office as
811	of January 1, 2002, shall serve their full 4-year term. Those
812	commissioners elected in 2002 and 2004 shall assume office and
813	shall be installed at the first regularly scheduled meeting
814	following their election.
815	Section 5.  Elections.--
816	a.  All general district elections and primaries for same,
817	unless otherwise provided in this charter, shall be in
818	accordance with the Florida Election Code and revisions thereto.
819	b.  Only such qualified persons for the respective offices
820	shall be eligible to become candidates for such respective
821	offices. The names of all candidates who qualify for an election
822	shall be printed upon the election ballot. Every candidate for
823	nomination for office shall pay to the Supervisor of Elections
824	of Broward County the a filing fee for in the amount of 3
825	percent of the annual salary of the office and shall designate
826	the office for which he or she has qualified. Each candidate for
827	nomination for an office shall also take, sign, and subscribe to
828	an oath or affirmation as may be required by law. in writing in
829	substantially the following form:
830
831	STATE OF FLORIDA      )
832	) ss.
833	COUNTY OF BROWARD   )
834
835	BEFORE ME, an officer authorized to administer oaths,
836	personally appeared ..........., to me well known, who, being
837	sworn says that he or she is a candidate for office of
838	commissioner for zone .... for the Central Broward Water Control
839	District; that he or she is a qualified elector of Broward
840	County, Florida; that he or she is qualified under the
841	Constitution, the laws of Florida and the laws of Central
842	Broward Water Control District to which he or she desires to be
843	nominated or elected; that he or she has taken the oath required
844	by ss. 876.05-876.10, Florida Statutes (public employees; oath);
845	that he or she has not violated any of the laws of the state
846	relating to elections or the registration of electors; that he
847	or she has qualified for no other public office in the state,
848	the terms of which office or any part thereof runs concurrent
849	with that of the office he or she seeks; that he or she has
850	resigned from any office from which he or she is required to
851	resign pursuant to s. 99.012, Florida Statutes (restrictions on
852	individuals qualifying for public office); and that he or she
853	has submitted a sworn statement of contributions and
854	expenditures, if any, incurred prior to the time of qualifying
855	and since the last preceding general election; that he or she
856	has been a resident of zone .... of the district for the 30 days
857	immediately preceding the date of qualifying for nomination to
858	office or is otherwise qualified for nomination to office as
859	commissioner of zone .... of the district; and that he or she is
860	an owner in fee simple of land within the district.
861
862	......................
863	Signature of Candidate
864	SWORN TO and subscribed before me
865	this .... day of ......, 19...
866
867	...............
868	Notary Public
869
870	c.  Candidates for office shall be required to file their
871	qualification oath, fee, and designation of office with the
872	Supervisor of Elections of Broward County as prescribed by law,
873	at any time after noon of the first day for qualifying, which
874	shall be the 50th day prior to the first primary, but not later
875	than noon the 46th day prior to the first primary. If a
876	candidate fails to comply with the provisions herein, that
877	candidate's name shall not appear on the ballot. A candidate who
878	has filed the required oath and has paid the qualifying fee and
879	otherwise complied with the provisions herein shall be entitled
880	to have his or her name printed on the official ballot.
881	d.  If only two persons qualify for any one particular
882	zone, then there shall be no primary election, and those
883	candidates shall appear on the general election ballot. If more
884	than two candidates qualify for any one particular zone, then
885	the names of those candidates shall be placed on the ballot at
886	the first primary election. The two candidates receiving the
887	highest number of votes of the electors for each zone in the
888	first primary election shall have their names printed on the
889	ballot for the general district election.
890	e.  The candidate receiving the highest number of votes
891	cast by the electors in the general district election shall be
892	declared elected, as certified by the board of county canvassers
893	of Broward County.
894	f.  The name of an unopposed candidate for the office of
895	commissioner shall not appear on any ballot, and such candidate
896	shall be deemed to have voted for himself or herself at the
897	general district election.
898	g.  Upon receipt of the certificate of the county
899	canvassers board, the district secretary shall transmit such
900	returns to the board of commissioners at the next regularly
901	scheduled meeting.
902	h.  The general district election shall be held on the
903	first Tuesday after the first Monday in November of each even-
904	numbered year. Each person to be allowed to vote in any election
905	must be a qualified elector of the State of Florida, must be a
906	permanent resident of the district and zone which the election
907	of commissioner is for, and must be registered as a voter of
908	Broward County. All elections shall be conducted on the
909	principles adopted for state and county elections.
910	i.  In all elections, the regular registration books of
911	Broward County covering an area of the district shall be used,
912	and only those persons who are shown thereon as qualified
913	electors and residing within the district and zone which the
914	election of commissioner is for shall be entitled to vote in
915	said election.
916	Section 6.  Recall.--
917	a.  Whenever 50 percent of the electors freeholders
918	qualified to vote as prescribed herein from each and every zone
919	of the district created hereby shall sign a petition addressed
920	to the board of commissioners demanding that a recall election
921	be held, the board of commissioners shall take the following
922	action:
923	(1)  Said petition shall be referred to and handed over to
924	the secretary not later than 10 days after the board of
925	commissioners has been presented with the petition.
926	(2)  Order the secretary to, and the secretary shall, check
927	the persons' names and eligibility signing the petition. The
928	secretary shall have 10 days in which to return same to the
929	board of commissioners along with his or her certification as to
930	whether or not the petition contains the proper percentage of
931	registered freeholders as prescribed herein.
932	(3)  If the petition is valid as to the percentage of
933	petitioners, then the board of commissioners shall issue its
934	resolution proclaiming a recall election of those commissioners
935	whom the petition shall name. The resolution shall contain all
936	information required by this charter as set forth herein.
937	b.  The recall petition shall state the name or names of
938	the elected commissioners desired to be recalled. No reason or
939	reasons for such recall shall be required to be stated in the
940	petition.
941	c.  In addition to proclaiming the recall election of the
942	commissioner, the resolution shall state the date for the
943	holding of the election, which shall be not more than 60 days
944	after the date of the resolution. Further, the resolution shall
945	set the date of qualifying of candidates for the election, which
946	date shall be not more than 20 days from the passage of the
947	resolution.
948	d.  The elected commissioner sought to be recalled shall
949	remain in office and carry on his or her regular duties until
950	his or her successor, if any there be, is elected and takes
951	office. In the event the commissioner sought to be recalled
952	desires to stand for election in the recall election, he or she
953	shall qualify in the same manner as any other candidate.
954	e.  The recall election shall be held as any other general
955	election of commissioners. The offices sought to be vacated
956	shall be treated as though the term of the offices filling that
957	post were expiring.
958	f.  In the event that more than two persons qualify for
959	each office sought to be vacated, then a primary election shall
960	be held and the time of holding such primary election shall be
961	not more than 35 days after the date of the recall resolution.
962	g.  The person elected to the office vacated or sought to
963	be vacated shall take the oath of office and assume the duties
964	of the office not later than 7 days after the final election.
965	Section 7.  Organization of board of commissioners.--At the
966	first regularly scheduled meeting following the first Tuesday
967	after the first Monday in November each year, the board of
968	commissioners shall assemble and organize by choosing one of
969	their members chair of the board, and choosing another one of
970	their members vice chair. In the event of a deadlock in
971	selecting a new chair or vice chair, the existing chair and vice
972	chair shall remain in office until a new chair or vice chair is
973	selected. Those commissioners elected to the position of chair
974	or vice chair in January 1998, shall continue in those offices
975	until the expiration of their terms. Those commissioners elected
976	to the position of chair or vice chair in January 1999, shall
977	hold those offices until the first regularly scheduled meeting
978	following the first Tuesday after the first Monday in November
979	1999. The chair shall preside at all meetings. In the chair's
980	absence, the vice chair shall preside and have the same powers
981	and be subject to the same limitations as the chair. Four
982	members of the board including the chair, or the vice chair in
983	the chair's absence, shall constitute a quorum for all purposes.
984	In the absence of both the chair and vice chair, if a quorum is
985	otherwise present, the commissioner with the most seniority
986	shall be chair of such meeting and shall preside over the
987	meeting and have the same powers as the chair. The board shall
988	establish its own rules of procedure. In all matters, the board
989	shall act by resolution and the affirmative votes of a majority,
990	but not less than three of the members of the board that are
991	present at district meetings shall be required to make any
992	determination or effect any action.
993	Section 12.  Taxation.--
994	a.  The board of commissioners of the district is
995	authorized to levy taxes on land only and not upon any
996	improvements thereon within the district up to and including 5
997	mills per dollar of assessed valuation. In the absence of any
998	contrary action of the board of commissioners acting as a budget
999	commission as herein provided, the tax rate of each calendar
1000	year shall be at the maximum provided herein.
1001	b.  Such taxes as provided herein and as may be determined
1002	to be necessary by the board of commissioners, acting as budget
1003	commission for the district for the operation of the affairs of
1004	the district, shall be certified to the Property Appraiser of
1005	Broward County, by the board of commissioners of Central Broward
1006	Water Control District, and shall be placed upon the tax rolls
1007	of Broward County, by the property appraiser, and shall be
1008	collected by the Revenue Tax Collector of Broward County, as now
1009	provided by law, and such taxes so levied shall become a lien
1010	under the law against the property within the boundaries of the
1011	Central Broward Water Control District and enforceable under the
1012	laws of the State of Florida pertaining to the Central Broward
1013	Water Control District.
1014	c.  The manner and basis of taxation for the year 1970
1015	shall be the same as existed for the Central Broward Water
1016	Control District prior to the enactment hereof.
1017	Section 17.  Tax roll.--
1018	a.  The county Property Appraiser of Broward County shall
1019	certify to the board of commissioners of the Central Broward
1020	Water Control District the total assessed value of real property
1021	located within the boundaries of the district, on or before the
1022	first day of July of each year, said certification to be
1023	prepared from the tax roll of Broward County.
1024	b.  It shall be the duty of the Property Appraiser of
1025	Broward County to enter upon the tax roll of the county the
1026	taxes or assessments levied by the district, upon certification
1027	of the same by the chair or secretary of the board, which
1028	certification shall be delivered on or before September 1 of
1029	each year. The tax or assessment shall be entered upon the tax
1030	roll in a proper column under the head of "Central Broward Water
1031	Control District" opposite the name of the person or persons or
1032	corporation owning such land in the manner provided by law for
1033	making up the tax roll for state and county taxes, or in case
1034	the ownership of such land is not shown upon such tax roll, then
1035	opposite the word "unknown."
1036	c.  The tax or assessment levied by this charter shall
1037	constitute a lien upon the lands so assessed as of the first day
1038	of January of each year in which the entries are made in the tax
1039	rolls pursuant to subsection b., which lien shall be superior in
1040	dignity to all other liens upon said lands, except the lien for
1041	state and county taxes and other taxes of equal dignity, as to
1042	which taxes the said lien shall be coordinate.
1043	d.  The property appraiser shall attach to the tax roll, a
1044	special warrant to the tax collector of the county for the
1045	collection of such drainage taxes, and the special warrant shall
1046	be signed by the property appraiser and shall be the authority
1047	of the tax collector of the collection of such taxes. The
1048	warrant shall be in substantially the following form:
1049
1050	SPECIAL WARRANT FOR COLLECTION OF DRAINAGE TAXES:  STATE
1051	OF FLORIDA, TO ............, TAX COLLECTOR OF THE COUNTY
1052	OF BROWARD. YOU ARE HEREBY COMMANDED TO COLLECT OUT OF
1053	THE REAL ESTATE AGAINST WHICH DRAINAGE TAXES ARE
1054	ASSESSED AND SET FORTH IN THIS ROLL, AND FROM THE
1055	PERSONS OR CORPORATIONS NAMED THEREIN, AGAINST WHOSE
1056	LANDS DRAINAGE TAXES ARE ASSESSED, THE DRAINAGE TAX SET
1057	DOWN IN SAID ROLL OPPOSITE EACH NAME, CORPORATION, OR
1058	PARCEL OF LAND THEREIN DESCRIBED, AND IN EACH CASE SUCH
1059	DRAINAGE TAX IS NOT PAID ON OR BEFORE THE FIRST DAY OF
1060	APRIL NEXT, YOU ARE TO COLLECT THE SAME BY LEVY AND SALE
1061	OF THE LANDS SO ASSESSED; AND ALL SUMS COLLECTED FOR
1062	DRAINAGE TAXES YOU ARE TO PAY TO THE TREASURER OF
1063	CENTRAL BROWARD WATER CONTROL DISTRICT. GIVEN UNDER MY
1064	HAND AND SEAL, THIS .... DAY OF ........, 19...
1065
1066	..................................
1067	PROPERTY APPRAISER, BROWARD COUNTY
1068
1069	Such warrant shall remain in full force until all the Central
1070	Broward Water Control District taxes shown in said roll to be
1071	assessed shall be collected.
1072	d.e.  The Revenue Tax Collector of Broward County shall
1073	make returns and remittances of money collected by him or her
1074	for Central Broward Water Control District in the manner and
1075	time provided by law. Central Broward Water Control District
1076	may, from time to time, make audits or checks of the tax
1077	assessment roll at the property appraiser's office, and the
1078	revenue tax collector shall furnish all that is required by law.
1079	e.f.  No provision hereof shall in any way affect the power
1080	and authority of the Central Broward Water Control District to
1081	levy or collect any special assessment.
1082	g.  The manner and basis of establishing the tax roll shall
1083	be the same as existed for the Central Broward Water Control
1084	District prior to 1970.
1085	Section 33.  Powers of commissioners to carry out
1086	plan.--The board of commissioners of the district created hereby
1087	shall have full power and authority to put out requests for
1088	proposals or bids for contracts and to build, construct,
1089	excavate, and complete any and all works and improvements which
1090	may be needed to carry out, maintain, and protect "the state
1091	comprehensive water management plan." To accomplish that end the
1092	board of commissioners may employ persons and teams and purchase
1093	machinery, employ persons to operate same, and directly have
1094	charge of and construct the works and improvements in such
1095	manner or by use of other or more efficient means than provided
1096	for in the plans adopted. The board of commissioners may, at its
1097	discretion, award let the contract for such works and
1098	improvements, either as a whole or in sections, and when such
1099	contracts are awarded let they shall be advertised and awarded
1100	let to the lowest qualified, responsible and best bidder, as
1101	determined by the board, which bidder who shall give a good and
1102	approved bond, with ample security, conditioned that he or she
1103	will promptly carry out the contract for such work and
1104	improvements under such terms and conditions as the board of
1105	commissioners deems necessary; which contract shall be in
1106	writing and to which shall be attached, and made a part thereof,
1107	complete plans and specifications of the work to be done and
1108	improvements to be made under such contract, which plans and
1109	specifications shall be prepared by the district's engineer and
1110	shall be incorporated in, and attached to, the contract; and
1111	such contract shall be prepared by the attorney for the district
1112	and approved by the board of commissioners and signed by its
1113	chair or vice chair and the contractor and executed in
1114	duplicate. The district manager shall be the superintendent of
1115	all the works and improvements, and shall, at least once each
1116	year and when required, make a full report to the board of all
1117	work done and improvements made, and make suggestions and
1118	recommendations to the board as he or she may deem proper.
1119	Section 34.  Rules and regulations.--The board of
1120	commissioners is hereby authorized to adopt, promulgate, and
1121	enforce all rules and regulations necessary and appropriate for
1122	the administration and enforcement of this charter. No such
1123	action shall be taken by the board of commissioners until after
1124	the holding by this board of commissioners of a public hearing
1125	on the proposed rules and regulations. The provisions of chapter
1126	120, Florida Statutes (Administrative Procedure Act), shall
1127	apply to all such rules and regulations. As soon as practicable
1128	and as necessary, from time to time, the board of commissioners
1129	shall effect appropriate rules and regulations as deemed
1130	necessary, including, but not limited to, the following:
1131	a.  Conditions precedent to be met for land to be platted
1132	in on the public records of the appropriate governmental
1133	authority to assure provisions for proper drainage and water
1134	management, the dedication of proper easements or rights-of-way
1135	to the district, and the procedures to be followed in connection
1136	therewith including cooperation with the county engineer, and
1137	the posting of such bonds in such amounts on such conditions as
1138	are deemed necessary in such plats to ensure the proper and
1139	timely completion of such drainage and water management
1140	provisions. No plat for the subdivision of any land within the
1141	district shall be entitled to be recorded record without the
1142	approval of the board of commissioners.
1143	b.  Code of regulations, standards, general specifications
1144	and procedures, and design criteria for the obtainment of a
1145	permit and for hearings in connection therewith before the board
1146	of commissioners for approval of plans for all drainage
1147	improvements within the district, including structural
1148	improvements coming into, over, onto, or through any of the
1149	waterways of the district.
1150	c.  Code of regulations, standards, procedures, and design
1151	criteria specifications as to content of discharge and effluents
1152	coming into the waterways of the district.
1153	Section 37.  Eminent domain.--The district created hereby
1154	may acquire, by gift, purchase, exchange, donation, dedication,
1155	or condemnation, any lands within or without the said district
1156	for canal rights-of-way or easements, or for other general
1157	purposes of the said district, and, if acquired by condemnation,
1158	the procedure shall be as prescribed in chapter 73, Florida
1159	Statutes, Eminent Domain.
1160	Section 38.  Obstructions, damage, and destruction
1161	prohibited; damages; penalties.--No person may willfully or
1162	otherwise obstruct any canal, drain, ditch, or watercourse or
1163	damage or destroy any drainage works constructed in the drainage
1164	district.
1165	a.  Any person who shall willfully obstruct any canal,
1166	drain, ditch, or other watercourse, or shall damage or destroy
1167	any drainage works constructed by the drainage district, shall
1168	be liable to any person injured thereby for the full amount of
1169	the injury occasioned to any land or crops or other property by
1170	such misconduct and shall be liable to the drainage district
1171	constructing the work for double the cost of removing such
1172	obstruction or repairing such damage. The costs shall include
1173	all labor, materials, equipment, and supplies necessary to
1174	effect such removal or repair, and all costs and expenses,
1175	including reasonable attorney's fees, necessary to make any
1176	person injured or the drainage district whole.
1177	b.  Any person who willfully or otherwise obstructs any
1178	canal, drain, ditch, or watercourse, or impedes or obstructs the
1179	flow of water thereof, or damages or destroys any drainage works
1180	constructed by any drainage district is guilty of a misdemeanor
1181	of the first degree, punishable as provided by general law.
1182	c.  If the board of commissioners finds and determines that
1183	any dike, culvert, bridge, crossing, or any other device in any
1184	canal, drain, ditch, or watercourse which is used for servicing
1185	any property or providing access thereto constitutes an
1186	obstruction or impediment to the free flow of water or drainage
1187	or access to maintenance of any district facility, whether the
1188	same has been so placed in or near any canal, drain, ditch, or
1189	watercourse under permit by the district or otherwise, the
1190	record owner of the property provided access or service shall be
1191	notified in writing of such obstruction with a demand therein
1192	that such owner cause the condition to be remedied. The notice
1193	shall be given by registered mail, addressed to the owner or
1194	owners of the property described, as their names and addresses
1195	are shown upon the records of the county property appraiser, and
1196	shall be deemed complete and sufficient when so addressed and
1197	deposited in the United States mail with proper postage prepaid.
1198	In the event that such notice is returned by postal authorities,
1199	the district shall cause a copy of the notice to be served by
1200	any officers, commissioners, or agents of the district, an
1201	affidavit of such service by such officer, commissioner, or
1202	agent filed in the minutes of the district shall be proof of
1203	service thereof, upon the occupant of the property or upon any
1204	agent of the owner thereof. In the event that personal service
1205	upon the occupant of the property or upon any agent of the owner
1206	thereof cannot be performed after a reasonable search, the
1207	notice shall be accomplished by physical posting on the
1208	property. The notice shall be in substantially the following
1209	form:
1210
1211	Name of Owner:.................
1212	Address of Owner:.................
1213
1214	Our records indicate you are the owner(s) of the
1215	following property located in the Central Broward Water
1216	Control District, Broward County, Florida:
1217
1218	(describe property)
1219
1220	An inspection of this property and the abutting canal,
1221	drain, ditch, or watercourse discloses, and the Board of
1222	Commissioners of the Central Broward Water Control
1223	District has found and determined, that an obstruction
1224	in said canal, drain, ditch, or watercourse exists,
1225	thereby impeding the free flow of water or and drainage
1226	or access to maintenance of a district facility and
1227	constituting a hazard and danger to the inhabitants
1228	within the Central Broward Water Control District so as
1229	to constitute a violation of the charter and regulations
1230	of the Central Broward Water Control District in that:
1231
1232	(describe the condition which places
1233	the property in violation.)
1234
1235	You are hereby notified that unless the condition above
1236	described is remedied so as to make it nonviolative of
1237	the charter and regulations of the Central Broward Water
1238	Control District within 20 days from the date hereof,
1239	the Central Broward Water Control District will proceed
1240	to remedy this condition and the cost of the work,
1241	including advertising costs and all other expenses, will
1242	be imposed as lien on the property if not otherwise paid
1243	within 30 days after receipt of billing.
1244
1245	Central Broward Water Control District
1246	BY.................
1247
1248	d.  Within 20 days after the mailing of the notice to him
1249	or her, the owner of the property may make written request to
1250	the board of commissioners for a hearing before that body to
1251	show that the condition alleged in the notice does not exist or
1252	that such condition does not constitute an obstruction or
1253	impediment to the drainage and free flow of water in any canal,
1254	ditch, drain, or watercourse of the district. At the hearing,
1255	the district and the property owner may introduce such evidence
1256	as is deemed necessary.
1257	e.  If within 20 days after mailing of the notice no
1258	hearing has been requested and the condition described in the
1259	notice has not been remedied, the district shall cause the
1260	condition to be remedied by the district at the expense of the
1261	property owner. If a hearing has been held and has concluded
1262	adversely to the property owner, the district may cause the
1263	condition to be remedied at the expense of the property owner,
1264	by appropriate resolution, and may order the removal of the
1265	same, including any appurtenances thereto, and may provide for
1266	the payment of all or any part of the cost of any such removal
1267	by levying and collecting a special assessment on the property
1268	affected or afforded service by such bridge, culvert, etc.
1269	f.  After causing the condition to be remedied, the
1270	secretary of the district shall certify to the board the
1271	expenses incurred in remedying the condition. Upon the receipt
1272	of such certificate, the board of commissioners shall review the
1273	same and determine the amount to be assessed against such
1274	property by resolution. Upon adoption of the resolution, the
1275	assessment shall constitute a lien on the respective lots or
1276	parcels of land or other real property upon which they are
1277	levied, superior to all other liens, except those for district
1278	and county taxes.
1279	g.  The board of commissioners shall cause to be recorded
1280	in the office of the clerk of the circuit court, in and for
1281	Broward County, a copy of the resolution within 10 days after
1282	the adoption thereof. The assessment shall be payable at the
1283	time and in the manner stipulated in the resolution and the
1284	assessment shall remain a lien coequal with the lien of other
1285	taxes, superior in dignity to all other liens, titles, and
1286	claims, until paid and shall bear interest at a rate not to
1287	exceed 18 percent per annum from the date of the resolution.
1288	h.  Upon the failure of any property owner to pay the
1289	assessment or any installment thereof or any part thereof as
1290	provided for in the resolution, the board of commissioners shall
1291	cause to be brought the necessary legal proceedings to enforce
1292	payment thereof with all the accrued interest and penalties,
1293	together with all legal costs incurred, including reasonable
1294	attorneys' fees, to be assessed as a part of the cost; and in
1295	the event of default in the payment of any installment of an
1296	assessment, or any accrued interest on said assessment, the
1297	whole assessment with the interest and penalties thereon shall
1298	immediately become due and payable and subject to foreclosure.
1299	In the foreclosure of any assessment, service of process against
1300	unknown or nonresident defendants may be had by publication, as
1301	provided by law. Foreclosure proceedings shall be prosecuted to
1302	the sale and conveyance of the property involved in said
1303	proceedings as provided by law in suits to foreclose mortgages;
1304	or, in the alternative, said proceedings may be instituted and
1305	prosecuted under chapter 173, Florida Statutes, Foreclosure of
1306	Municipal Tax and Special Assessment Liens.
1307	i.  The remedies provided in subsections c. through h. are
1308	in addition to and not in lieu of other remedies provided for in
1309	this charter or otherwise.
1310	Section 39.  Extensions of boundaries.--The boundary line
1311	of the district as defined in this act may be extended to
1312	include additional adjacent land at any time in the discretion
1313	of the board of commissioners upon such conditions as the board
1314	of commissioners of the district may prescribe upon petition of
1315	the landowners freeholders owning 51 percent or more of the land
1316	in the area sought to be included in this district by such
1317	boundary extension. The petition of such landowners freeholders
1318	shall be directed to the board of commissioners of this
1319	district, and shall be in writing and duly signed and
1320	acknowledged by each of the landowners freeholders seeking to
1321	include such area in the extended boundaries of this district.
1322	The area included in this district shall be defined and the
1323	inclusion thereof shall be affirmed by an appropriate resolution
1324	of the board of commissioners of this district at a regular or
1325	special meeting called for that purpose, which resolution shall
1326	be preserved in the minutes of such meeting, and shall be
1327	recorded in the public records of Broward County, Florida. The
1328	board of commissioners of this district shall thereafter have
1329	jurisdiction and hold and be entitled to exercise all of the
1330	right, power, and authority for the drainage, water management
1331	services conducted pursuant to this section, and improvement of
1332	the land or area so included in this district as is granted such
1333	board of commissioners by this charter with respect to the lands
1334	within the boundaries of this district as hereinabove set forth,
1335	it being the intention of the Legislature to confer upon the
1336	board of commissioners for the drainage and water control
1337	district hereby created the same rights, powers and authorities,
1338	duties, responsibilities, and obligations over the lands so
1339	included in this district as is by this charter conferred upon
1340	them with reference to the lands within the boundaries of this
1341	district as hereby created and established.
1342	Section 40.  Subdivision regulation.--
1343	a.  It is the intent and purpose of this charter to promote
1344	and provide for the public health, safety, comfort, convenience,
1345	and welfare necessary and required to promote the harmonious,
1346	orderly, and progressive development of land within the
1347	district. It is the further intent of this charter to secure the
1348	establishment of standards of subdivision designs, which will
1349	encourage the development of sound and economically stable
1350	communities, and the creation of healthful living environments.
1351	b.  A subdivision for the purpose of this charter is hereby
1352	defined as: The division of a parcel of land, whether improved
1353	or unimproved, into three or more lots, or other divisions of
1354	land for the purpose, whether immediate or future, of transfer
1355	of ownership, or, if the establishment of any new street is
1356	involved, any division of such parcel; provided that the
1357	division of land into parcels of more than 5 acres not involving
1358	any changes in street lines or public easements shall not be
1359	deemed to be a subdivision within the meaning of this charter.
1360	The term includes a resubdivision and, when appropriate to
1361	context, shall relate to the process of subdivision or to land
1362	subdivided. The singular usage includes the plural and the
1363	plural the singular.
1364	c.  Any division of a parcel of land as a subdivision shall
1365	be subject to such plat and subdivision regulations heretofore
1366	adopted or hereafter adopted, amended, or modified by the
1367	district under authority of law. Such regulations may provide
1368	for streets in the subdivision, to be of such width, grade, and
1369	location as to facilitate drainage; provide that adequate
1370	easements and rights-of-way be provided for drainage purposes
1371	and that the layout of the subdivision conform to the
1372	comprehensive plan for drainage for the area; and provide that
1373	for the Central Broward Water Control District's drainage
1374	requirements to be met. The district shall not approve any
1375	subdivision plats unless the land included within the
1376	subdivision is suitable or shall be made suitable to the various
1377	purposes for which it is intended to be used, and in particular,
1378	unless all land intended for building sites can be used safely
1379	for building purposes, without the danger from flood of other
1380	inundation, or from any such menace to health, safety, or public
1381	welfare. It shall be unlawful for anyone being an owner, or
1382	agent of an owner, of any land to transfer, sell, agree to sell,
1383	or negotiate to sell such land by reference to, or exhibition
1384	of, or by any other use of a plat or subdivision of such land,
1385	without having submitted a plat of such subdivision to the
1386	district and obtaining its approval as required by this charter.
1387	If such unlawful use be made of a plat before it is properly
1388	approved by the district, the owner, or the agent of the owner,
1389	of such land shall be guilty of a misdemeanor, punishable as
1390	provided by general law. The description by metes and bounds in
1391	the instrument of transfer or other documents used in the
1392	process of transferring shall not exempt the transaction from
1393	such penalties. It shall be unlawful to transfer lots or units
1394	of lots by metes and bounds description in order to circumvent
1395	the provisions of this charter. The district, through its legal
1396	representatives, may enjoin such transfers or sales or
1397	agreements by injunction or other appropriate action.
1398	Section 42.  Procurement of contractual services and
1399	purchase of goods, supplies, and materials.--The Board of
1400	Commissioners of the Central Broward Water Control District in
1401	Broward County may procure contractual services and purchase
1402	goods, supplies, and materials as provided in this section.
1403	a.  All contracts let by the board of commissioners for
1404	professional architectural, engineering, landscape
1405	architectural, or land surveying services for any project
1406	authorized by this charter must comply with s. 287.055, Florida
1407	Statutes, Consultants Competitive Negotiation Act.
1408	b.  Except as stated herein and as provided in subsections
1409	c., d., and e. and in s. 287.055, Florida Statutes, the board of
1410	commissioners may not enter into a contract for the construction
1411	or maintenance of any improvements authorized under this
1412	charter, and goods, supplies, or materials may not be purchased
1413	if the amount to be paid by the district under the contract or
1414	for the goods, supplies, or materials exceeds $10,000, unless
1415	notice of bids is advertised advertized in a newspaper of
1416	general circulation in Broward County. The bid of the lowest
1417	responsible, acceptable bidder must be accepted, unless all bids
1418	are rejected. The board of commissioners may require the bidders
1419	to furnish a bond or letter of credit with responsible surety to
1420	be approved by the board of commissioners. This section does not
1421	prevent the board of commissioners from undertaking and
1422	performing the construction, operation, and maintenance of any
1423	project, facility, or improvement authorized under this charter,
1424	by the employment of labor, material, and machinery.
1425	c.  Notwithstanding subsection b., if the board of
1426	commissioners finds, by resolution, that the use of competitive
1427	bidding is not practicable, contractual services and purchases
1428	of goods, supplies, or materials may be procured by competitive
1429	sealed proposals. The request for proposals must include a
1430	statement of the services sought or the goods, supplies, or
1431	materials requested and all contractual terms and conditions
1432	applicable to the procurement of the contractual services or of
1433	the goods, supplies, or materials requested. The contract must
1434	be awarded to the responsive offeror whose proposal is
1435	determined to be the most advantageous to the district, taking
1436	into consideration price and other evaluation criteria set forth
1437	in the request for proposals.
1438	d.  If the board of commissioners finds, by resolution,
1439	that an immediate danger to the public health, safety, or
1440	welfare or substantial loss to the district or property owners
1441	in the district requires emergency action, the board of
1442	commissioners may procure contractual services necessitated by
1443	the immediate danger or substantial loss without competition.
1444	However, such emergency procurement shall be made with such
1445	competition as is practicable under the circumstances.
1446	e.  If competitive bids or proposals for contractual
1447	services or for purchases of goods, supplies, or materials are
1448	not received, the board of commissioners may negotiate and
1449	determine the best terms and conditions.
1450	Section 43.  Severability.--In the event any section or
1451	provision of this act is determined to be invalid or
1452	unenforceable, such determination shall not affect the validity
1453	or enforceability of each other section and provision of this
1454	act, and to this end the provisions of this act are declared
1455	severable.
1456	Section 2.  This act shall take effect upon becoming a law.

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