Florida Senate - 2009                            (NP)    SB 2792
       
       
       
       By Senator Ring
       
       
       
       
       32-04135-09                                           20092792__
    1                        A bill to be entitled                      
    2         An act relating to the Central Broward Water Control
    3         District, Broward County; amending chapter 98-501,
    4         Laws of Florida, as amended; providing for flood
    5         protection services; revising the geographical
    6         boundaries of the district; revising powers of the
    7         district with respect to construction; deleting or
    8         updating obsolete language; revising the geographical
    9         boundaries of district zones for the election of
   10         commissioners; revising residency requirements for
   11         commissioner qualification; revising requirements for
   12         the filling of vacancies on the board of
   13         commissioners; revising provisions relating to filing
   14         fees and oath of office; providing the procedure for
   15         selection of chair and vice chair in the event of a
   16         deadlock; revising quorum requirements; requiring
   17         certain commissioners to preside over meetings of the
   18         board in the absence of the chair and vice chair;
   19         deleting provisions relating to a special warrant for
   20         collection of drainage taxes; revising powers of the
   21         board in carrying out the state comprehensive water
   22         management plan; revising rulemaking authority of the
   23         board; revising eminent domain provisions; revising
   24         language relating to obstruction of certain district
   25         facilities; clarifying language relating to the
   26         adoption of certain subdivision regulations; providing
   27         severability; providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Sections 2 through 7, 12, 17, 33, 34, 37 through
   32  40, and 42 of section 2 of chapter 98-501, Laws of Florida, as
   33  amended by chapter 2002-362, Laws of Florida, are amended, and
   34  section 43 is added to that section, to read:
   35         Section 2. District created and boundaries thereof.—The
   36  creation of the Central Broward Water Control District with the
   37  powers herein vested in it by this act is to further the best
   38  interests of the public, health, safety, and welfare inasmuch as
   39  proper drainage, flood protection, and water management are is
   40  necessary to protect said lands hereinafter described. That for
   41  the purpose of providing drainage, flood protection, and water
   42  management services conducted pursuant to this section for the
   43  lands hereinafter described and for other purposes stated in
   44  this act, a drainage and water management district is hereby
   45  created and established in Broward County, to be known as the
   46  Central Broward Water Control District, an independent special
   47  district, the geographical boundaries of which shall include the
   48  following land lying, being, and situate in Broward County,
   49  Florida, to wit:
   50  
   51         Begin at the intersection of the east right-of-way
   52         line of State Road #7 and its intersection with the
   53         south line of Tier 1; as shown by the Plat of NEWMAN’S
   54         SURVEY, as recorded in Plat Book 2, Page 26, of the
   55         Public Records of Miami-Dade County, Florida, (All
   56         subsequent references to Tract and Tier number refer
   57         to this plat); thence westerly, along the south line
   58         of Tiers 1, 3, 5, 7, and 9, and their prolongations
   59         thereof, to an intersection with the northerly
   60         extension of the east line of Tract 7, Section 25,
   61         Township 50 South, Range 41 East, as shown on said
   62         plat of NEWMAN’S SURVEY; thence southerly, along said
   63         northerly extension and said east line, to the
   64         southeast corner of said Tract 7; thence westerly,
   65         along the south line of said Tract 7 and its westerly
   66         prolongation, to the northeast corner of Tract 9 of
   67         said Section 25; thence southerly, along the east line
   68         of said Tract 9, to the southeast corner of said Tract
   69         9; thence westerly, along the south line of said Tract
   70         9, to the southwest corner of said Tract 9; thence
   71         northerly, along the west line of Tracts 9 and 8, and
   72         their northerly prolongation to an intersection with
   73         the south line of Tier 13; thence westerly, along the
   74         south line of Tiers 13, 15, 17, 19, 23, 25, 27, and
   75         29, and their prolongations thereof, to the southwest
   76         corner of Tract 8, Tier 29; thence northerly, along
   77         the west line of Tier 29, to the southwest corner of
   78         Tract 4, Tier 29; thence westerly, along the south
   79         line of Tract 4, Tiers 31, 33, 35, and 37 and their
   80         prolongations thereof, to the Southwest corner of
   81         Tract 4, Tier 37; thence northerly, along the west
   82         line of said Tier 37, to the intersection with the
   83         centerline of the right-of-way of the North New River
   84         Canal; thence northwesterly, along said centerline, to
   85         the intersection with the west line of Section 4,
   86         Township 50 South, Range 40 East; thence southerly,
   87         along the west lines of Sections 4, 9, 16, 21, and 28,
   88         Township 50 South, Range 40 East, to the physical
   89         centerline of the South New River Canal; thence
   90         meandering easterly, northeasterly, northerly,
   91         northwesterly, northeasterly, southeasterly and
   92         easterly along said physical centerline, to its
   93         intersection with the west line of Section 27,
   94         Township 50 South, Range 40 East; thence southerly,
   95         along the west line of Sections 27 and 34, Township 50
   96         South, Range 40 East, and continuing southerly, along
   97         the west line of Section 3, Township 51 South, Range
   98         40 East to the southwest corner of said Section 3;
   99         thence easterly, along the south line of Sections 3,
  100         2, and 1, Township 51 South, Range 40 East and
  101         continuing easterly, along the south line of Sections
  102         6, 5, and 4, Township 51 South, Range 41 east, to the
  103         northwest corner of Section 10, Township 51 South,
  104         Range 41 East; thence, southerly, along the west line
  105         of said Section 10, to the west one-quarter (W 1/4)
  106         corner of said Section 10; thence, easterly, along the
  107         south line of the north one-half (N1/2) of Sections
  108         10, 11, and 12, Township 51 South, Range 41 East, to
  109         an intersection with a line 80 feet east of, as
  110         measured at right angles to, and parallel with the
  111         west right-of-way line of Florida’s Turnpike; thence,
  112         northerly, along said parallel line, and continuing 80
  113         feet east of said right-of-way, to an intersection
  114         with the south line of Section 36, Township 50 South,
  115         Range 41 East; thence, easterly, along said south
  116         line, to an intersection with the east right-of-way
  117         line of State Road #7; thence northerly, along said
  118         east right of way, to the Point of Beginning. Starting
  119         at the intersection of the East Right-of-way line of
  120         State Road #7 and its intersection with the South line
  121         of Tier 3; as shown by the Plat of NEWMAN’S SURVEY, as
  122         recorded in Plat Book 2, Page 26 of the Public Records
  123         of Dade County, Florida (All subsequent references to
  124         Tract and Tier number refer to this plat), for the
  125         point of beginning; thence Westerly along the South
  126         line of Tiers 3, 5, 7 and 9, and their prolongations
  127         thereof, to an intersection with the Northerly
  128         extension of the East line of Tract 7, Section 25,
  129         Township 50 South, Range 41 East, as shown on said
  130         plat of NEWMAN’S SURVEY; thence Southerly along the
  131         East line of Tract 7 to the Southeast corner of said
  132         Tract 7; thence Westerly along the South line of said
  133         Tract 7 to the Northeast corner of tract 9 of said
  134         Section 25; thence Southerly along the East line of
  135         said Tract 9 to the Southeast corner of said Tract 9;
  136         thence Westerly, along the South line of said Tract 9
  137         to the Southwest corner of said Tract 9; thence
  138         Northerly along the West line of Tracts 9 and 8 and
  139         their Northerly prolongation to an intersection with
  140         the South line of Tier 13; thence Westerly along the
  141         South line of Tiers 15, 17, 19, 21, 23, 25, 27 and 29,
  142         and their prolongations thereof to the Southwest
  143         corner of Tract 8, Tier 29; thence Northerly along the
  144         West line of Tier 29 to the Southwest corner of Tract
  145         4, Tier 29; thence Westerly along the South line of
  146         Tract 4, Tiers 31, 33, 35 and 37 and their
  147         prolongations thereof to the Southwest corner of Tract
  148         4, Tier 37; thence run Northerly along the West line
  149         of said Tier 37, to the North right-of-way line of the
  150         North New River Canal; thence run northwesterly along
  151         the north side of the north bank of the said canal to
  152         the intersection of said bank with the west line of
  153         Section 4, Township 50 South, Range 40 East; thence
  154         southerly along the west line of Sections 4, 9, 16, 21
  155         and 28 of Township 50 South, Range 40 East, to the
  156         South side of the south bank of the South New River
  157         Canal; thence Easterly along the south side of the
  158         south bank the South New River canal to its
  159         intersection with the west line of Section 27,
  160         Township 50 South, Range 40 East; thence southerly
  161         along the west line of Sections 27 and 34, Township 50
  162         South, Range 40 East and continuing along the West
  163         line of Section 3 Township 51 South, Range 40 East to
  164         the Southwest corner of Section 3, Township 51 South,
  165         Range 40 East; thence east along the south line of
  166         Sections 3, 2 and 1 in Township 51 South, Range 40
  167         East and continuing along the south line of Sections
  168         6, 5 and 4, in Township 51 South, Range 41 East, to
  169         the northwest corner of Section 10, Township 51 South,
  170         Range 41 East; thence, run south along the west line
  171         of said Section 10 to the southwest corner of the
  172         north half of said Section 10; thence, run east along
  173         the south line of the north half of Sections 10, 11
  174         and 12, in Township 51 South, Range 41 East, to the
  175         east bank of the drainage ditch along the west side of
  176         the Florida Turnpike; thence, run north along the east
  177         bank of said ditch to the south line of Section 36,
  178         Township 50 South, Range 41 East; thence, run east
  179         along the south line of said Section 36 to the east
  180         side of State Road #7; thence, in a northerly
  181         direction along the east side of said State Road #7 to
  182         the point of beginning.
  183  
  184         Section 3. Powers.—The district is hereby granted and shall
  185  have full power and authority as follows:
  186         a. To contract and be contracted with.
  187         b. To sue and be sued.
  188         c. To plead and to be impleaded in all courts.
  189         d. To acquire by purchase, gift, devise, condemnation,
  190  eminent domain, or otherwise, property, real or personal, or any
  191  estate therein, within or without the district, to be used for
  192  any purpose necessary or to meet the needs of any of the
  193  purposes of this act.
  194         e. To establish, construct, operate, and maintain a system
  195  of main and lateral canals, drains, ditches, levees, dikes,
  196  dams, sluices, locks, revetments, reservoirs, holding basins,
  197  floodways, pumping stations, syphons, culverts, and storm
  198  sewers, and to connect some or any of them as within the
  199  judgment of the board of commissioners is deemed advisable to
  200  drain and provide water management services conducted pursuant
  201  to this section for the lands within the district created.
  202         f. To acquire and maintain appropriate sites for storage
  203  and maintenance of the equipment of the district.
  204         g. To acquire and maintain and/or construct a suitable
  205  building to house the offices and records of the district.
  206         h. To have all the powers and rights of a body corporate
  207  and to adopt and use a seal and to alter the same at the
  208  pleasure of a majority of the board of commissioners.
  209         i. To clean out, straighten, widen, open up or change the
  210  course and flow, alter, or deepen any canal, ditch, drain,
  211  river, water course, or natural stream as within the judgment of
  212  the board of commissioners is deemed advisable to drain and
  213  provide water management services conducted pursuant to this
  214  section for the lands within the said district hereby created.
  215         j. To acquire, purchase, operate, and maintain pumps,
  216  plants, and pumping systems for drainage purposes.
  217         k. To construct, operate, and maintain irrigation works and
  218  machinery in connection with the purposes herein set forth.
  219         l. To construct, improve, pave, and maintain roadways,
  220  rights-of-way, easements, and roads necessary and convenient for
  221  the exercise of the powers and duties herein set forth.
  222         m. To regulate and set forth by appropriate order the
  223  drainage requirements and other auxiliary conditions to be met
  224  for plats to be entitled to record on any land within the
  225  district, including authority to require as a condition
  226  precedent for any platting that good and sufficient bond be
  227  posted to assure proper drainage and water management for the
  228  area to be platted.
  229         n. To borrow money for periods over 1 year and issue
  230  negotiable paper or other bonds of the district as hereinafter
  231  provided.
  232         o. To borrow money from time to time for periods under 1
  233  year and issue negotiable notes or other notes of said district
  234  as provided in this act.
  235         p. To build and construct any other works and improvements
  236  deemed necessary to preserve and maintain the works in or out of
  237  said district.
  238         q. To acquire, construct, operate, maintain, use, sell,
  239  convey, transfer, or otherwise provide for pumping stations,
  240  including pumping machinery, motive equipment, electric lines,
  241  and all appurtenant or auxiliary machines, devices, or equipment
  242  for the purpose of drainage and water management services
  243  conducted pursuant to this section.
  244         r. To contract for the purchase, construction, operation,
  245  maintenance, use, sale, conveyance, and transfer of the said
  246  pumping stations, machinery, motive equipment, electric lines,
  247  and appurtenant equipment, including the purchase of electric
  248  power and energy for the operation of the same.
  249         s. To construct or enlarge, or cause to be constructed or
  250  enlarged, any and all bridges or culverts that may be needed in
  251  or out of the district, across any drain, ditch, canal,
  252  floodway, holding basin, excavation, public highway, railroad
  253  right-of-way, tract, grade, fill, or cut.
  254         t. To construct roadways over levees and embankments.
  255         u. To construct any and all of said works and improvements
  256  across, through, or over any public highway, railroad right-of
  257  way, track, grade, fill, or cut in or out of the district.
  258         v. To remove any fence, building, or other improvements, in
  259  or out of the district for purposes of drainage and water
  260  management services conducted pursuant to this section.
  261         w. To hold, control, and acquire by donation or purchase,
  262  condemnation, easement, railroad right-of-way, sluice,
  263  reservation, holding basin, or franchise in or out of said
  264  district for right-of-way, holding basin, for any of the
  265  purposes herein provided, or for material to be used in
  266  constructing and maintaining said works and improvements for
  267  drainage, protecting, and providing water management services
  268  conducted pursuant to this section for the lands in said
  269  district.
  270         x. To condemn or acquire, by purchase or grant, or by
  271  exercise of the right of eminent domain, for use in the
  272  district, any land or property within or without said district
  273  and acquire or condemn any other property within or without said
  274  district and shall follow in connection therewith the procedure
  275  set out in chapter 73, Florida Statutes, (Eminent Domain) which
  276  shall be construed so as to be applicable to the district
  277  created hereby.
  278         y. To assess and impose upon all of the lands in the
  279  district an annual tax as provided in this act.
  280         z. To impose and foreclose special assessment liens as
  281  provided in this act.
  282         aa. To prohibit, regulate, and restrict by appropriate
  283  resolution of the board of commissioners all structures,
  284  materials, and things, whether solid, liquid, or gas, whether
  285  permanent or temporary in nature, which come upon, come into,
  286  connect to, or be a part of any of the main or lateral drains,
  287  ditches, canals, levees, dikes, dams, sluices, revetments,
  288  reservoirs, holding basins, floodways, pumping stations, and
  289  syphons which may have been heretofore created or which may be
  290  hereafter created or which may be hereafter constructed.
  291         bb. To administer and provide for the enforcement of all
  292  the provisions herein, including the making, adopting,
  293  promulgating, amending, and repealing of all rules and
  294  regulations necessary or convenient for the carrying out of the
  295  duties, obligations, and powers conferred on the district
  296  created hereby and further for the proper administration and
  297  enforcement hereof.
  298         cc. To cooperate with or contract with other drainage
  299  districts or governmental agencies as may be necessary,
  300  convenient, incidental, or proper in connection with any of the
  301  powers, duties, or purposes of the district as stated in this
  302  charter.
  303         dd. To employ engineers, attorneys, agents, employees, and
  304  representatives as the board of commissioners may from time to
  305  time determine necessary and to fix their compensation and
  306  duties.
  307         ee. To exercise all of the powers necessary, convenient,
  308  incidental, or proper in connection with any of the powers,
  309  duties, or purposes of the district as stated in this act;
  310  however, none of the powers contained herein shall apply to the
  311  works of the South Florida Water Management District.
  312         Section 4. Board of commissioners.—
  313         a. The governing board of the district shall be designated
  314  as the board of commissioners of the Central Broward Water
  315  Control District and shall be composed of six members who shall
  316  be known as commissioners.
  317         b. All commissioners shall be elected on an at-large
  318  nonpartisan basis, by the qualified electors residing within the
  319  district zone that the election is for, in accordance with the
  320  procedure provided in this act. Commissioners from Zones 1, 2,
  321  and 6 shall be elected in the general election of November 2002.
  322  Commissioners from zones 3, 4, and 5 shall be elected in the
  323  general election of November 2004. The individual receiving the
  324  most votes who has qualified to run as commissioner for a
  325  specific zone shall be elected commissioner of that zone. No
  326  zone commissioner elected prior to January 1, 2002, shall be
  327  affected in his or her term of office.
  328         c. The board of commissioners of the Central Broward Water
  329  Control District shall hereafter be elected on a basis of each
  330  of the six commissioners representing one of the six respective
  331  geographical zones of the entire district as provided herein. In
  332  qualifying for such office, each candidate shall designate the
  333  zone he or she is qualifying for.
  334         d. The six zones of the entire district are as follows:
  335  
  336         Zone 1: Begin at the intersection of the centerline
  337         right-of-way of the North New River Canal with the
  338         west line of Section 3, Township 50 South, Range 40
  339         East, Broward County, Florida; thence southeasterly,
  340         along said centerline, to the intersection with the
  341         east line of Section 12, Township 50 South, Range 40
  342         East; thence southerly, along said east line, to the
  343         southeast corner of said Section 12; thence westerly,
  344         along the south line of said Section 12, to the
  345         southwest corner of said Section 12; thence southerly,
  346         along the east line of Sections 14, 23 and 26,
  347         Township 50 South, Range 40 East, to the intersection
  348         with the physical centerline of the South New River
  349         Canal; thence westerly, along said centerline, to the
  350         intersection with the west line of the east one-half
  351         (E 1/2) of Section 27, Township 50 South, Range 40
  352         East; thence northerly, along the west line of the
  353         east one-half (E 1/2) of Sections 27 and 22, Township
  354         50 South, Range 40 East, to the north one-quarter (N
  355         1/4) corner of said Section 22; thence westerly, along
  356         the south line of Sections 15 and 16, Township 50
  357         South, Range 40 East, to the south one-quarter (S 1/4)
  358         corner of said Section 16; thence northerly, along the
  359         west line of the east one-half (E 1/2) of said Section
  360         16, to the north one-quarter (N 1/4) corner of said
  361         Section 16; thence easterly, along the north line of
  362         said Section 16, to the northeast corner of said
  363         Section 16; thence northerly, along the west line of
  364         Sections 10 and 3, Township 50 South, Range 40 East,
  365         to the Point of Beginning. Beginning at the
  366         intersection of the north side of the north bank of
  367         the North New River Canal with the West line of
  368         Section 3, Township 50 South, Range 40 East, Broward
  369         County, Florida; thence Southeasterly along said north
  370         side of the north bank of the North New River Canal,
  371         to the intersection with the East line of Section 12,
  372         Township 50 South, Range 40 East; thence Southerly,
  373         along said East line of Section 12, to the Southeast
  374         corner of said Section 12; thence Westerly, along the
  375         South line of said Section 12, to the Southwest corner
  376         of said Section 12; thence Southerly, along the East
  377         line of Sections 14, 23 and 26, Township 50 South,
  378         Range 40 East, to the intersection with the south side
  379         of the south bank of the South New River Canal; thence
  380         westerly, along said south side of the south bank of
  381         the South New River Canal, to the intersection with
  382         the West line of the East Half (E 1/2) of Section 27,
  383         Township 50 South, Range 40 East; thence Northerly,
  384         along the West line of the East Half of Sections 27
  385         and 22, Township 50 South, Range 40 East, to the
  386         Northwest corner of said East Half (E 1/2) of Section
  387         22; thence Westerly, along the South line of Sections
  388         15 and 16, Township 50 South, Range 40 East, to the
  389         West line of the East Half (E 1/2) of said Section 16;
  390         thence Northerly, along said West line of the East
  391         Half (E 1/2) of Section 16, to the Northwest corner of
  392         said East Half (E 1/2) of Section 16; thence Easterly,
  393         along the North line of said Section 16, to the
  394         Northeast corner of said Section 16; thence Northerly,
  395         along the West line of Sections 10 and 3, Township 50
  396         South, Range 40 East, to the Point of Beginning.
  397  
  398         Zone 2: Begin at the intersection of the centerline
  399         right-of-way of the North New River Canal with the
  400         east line of Section 12, Township 50 South, Range 40
  401         East, Broward County, Florida; thence southeasterly,
  402         along said centerline to the intersection with the
  403         east line of Section 16, Township 50 South, Range 41
  404         East; thence southerly, along said east line, to the
  405         southeast corner of said Section 16; thence westerly,
  406         along the south line of said Section 16, to the
  407         southwest corner of said Section 16; thence southerly,
  408         along the east line of Section 20, Township 50 South,
  409         Range 41 East, to the southeast corner of said Section
  410         20; thence westerly, along the south line of Sections
  411         20 and 19, Township 50 South, Range 41 East, to the
  412         southwest corner of said Section 19; thence continue
  413         westerly, along the extension of the south line of
  414         said Section 19, across the Hiatus between the west
  415         line of said Section 19 and the east line of Section
  416         24, Township 50 South, Range 40 East, to a point on
  417         the east line of said Section 24; thence southerly,
  418         along the east line of Sections 24 and 25, Township 50
  419         South, Range 40 East, to the intersection with the
  420         physical centerline of the South New River Canal;
  421         thence westerly, along said centerline, to the
  422         intersection with the west line of Section 25,
  423         Township 50 South, Range 40 East; thence northerly,
  424         along the west line of Sections 25, 24, and 13,
  425         Township 50 South, Range 40 East to the southwest
  426         corner of Section 12, Township 50 South, Range 40
  427         East; thence easterly, along the south line of said
  428         Section 12, to the southeast corner of said Section
  429         12; thence northerly, along the east line of said
  430         Section 12, to the Point of Beginning. Beginning at
  431         the intersection of the north side of the north bank
  432         of the North New River Canal with the east line of
  433         Section 12, Township 50 South, Range 40 East, Broward
  434         County, Florida; thence run southeasterly along the
  435         north side of the north bank of said canal to the
  436         intersection of said bank with the east line of
  437         Section 16, Township 50 South, Range 41 East; thence
  438         run southerly along the east line of said Section 16,
  439         Township 50 South, Range 41 East to the southeast
  440         corner of said Section 16, Township 50 South, Range 41
  441         East; thence run westerly along the south line of said
  442         Section 16, Township 50 South, Range 41 East to the
  443         southwest corner of said Section 16, Township 50
  444         South, Range 41 East; thence run southerly along the
  445         east line of Section 20, Township 50 South, Range 41
  446         East, to the southeast corner of said Section 20,
  447         Township 50 South, Range 41 East; thence run westerly
  448         along the south line of Sections 20 and 19, Township
  449         50 South, Range 41 East, to the southwest corner of
  450         said Section 19, Township 50 South, Range 41 East;
  451         thence continue westerly along the extension of the
  452         south line of said Section 19, Township 50 South,
  453         Range 41 East across the Hiatus between the west line
  454         of said Section 19, Township 50 South, Range 41 East
  455         and the east line of Section 24, Township 50 South,
  456         Range 40 East to a point on the east line of said
  457         Section 24, Township 50 South, Range 40 East; thence
  458         continue southerly along the east line of Sections 24
  459         and 25, Township 50 South, Range 40 East, to the
  460         intersection with the south side of the south bank of
  461         the South New River Canal; thence run westerly along
  462         the south side of the south bank of said canal to the
  463         intersection with the west line of Section 25,
  464         Township 50 South, Range 40 East; thence, run
  465         northerly along the west line of Sections 25, 24 and
  466         13, Township 50 South, Range 40 East to the Southwest
  467         corner of Section 12, Township 50 South, Range 40
  468         East, thence run easterly along the south line of said
  469         Section 12, Township 50 South, Range 40 East to the
  470         Southeast corner of said Section 12, Township 50
  471         South, Range 40 East, thence run northerly along the
  472         east line of said Section 12, Township 50 South, Range
  473         40 East, to the point of beginning.
  474  
  475         Zone 3: Begin at the intersection of the physical
  476         centerline of the South New River Canal and the east
  477         right-of-way line of State Road No. 7; thence
  478         northerly, along the east right of way line to
  479         intersection with the south line of Tier 1; as shown
  480         by the Plat of NEWMAN’S SURVEY, as recorded in Plat
  481         Book 2, Page 26, of the Public Records of Miami-Dade
  482         County, Florida, (All subsequent references to Tract
  483         and Tier number refer to this plat); thence westerly,
  484         along the south line of Tiers 1, 3, 5, 7, and 9, and
  485         their prolongations thereof, to an intersection with
  486         the northerly extension of the east line of Tract 7,
  487         Section 25, Township 50 South, Range 41 East, as shown
  488         on said plat of NEWMAN’S SURVEY; thence southerly,
  489         along said northerly extension and said east line, to
  490         the southeast corner of said Tract 7; thence westerly,
  491         along the south line of said Tract 7 and its westerly
  492         prolongation, to the northeast corner of Tract 9 of
  493         said Section 25; thence southerly, along the east line
  494         of said Tract 9, to the southeast corner of said Tract
  495         9; thence westerly, along the south line of said Tract
  496         9, to the southwest corner of said Tract 9; thence
  497         northerly, along the west line of Tracts 9 and 8, and
  498         their northerly prolongation to an intersection with
  499         the south line of Tier 13; thence westerly, along the
  500         south line of Tiers 13, 15, 17, 19, 23, 25, 27, and
  501         29, and their prolongations thereof, to the southwest
  502         corner of Tract 8, Tier 29; thence northerly, along
  503         the west line of Tier 29, to the southwest corner of
  504         Tract 4, Tier 29; thence westerly, along the south
  505         line of Tract 4, Tiers 31, 33, 35 and 37 and their
  506         prolongations thereof, to the Southwest corner of
  507         Tract 4, Tier 37; thence northerly, along the west
  508         line of said Tier 37, to the intersection with the
  509         centerline of the right-of-way of the North New River
  510         Canal; thence northwesterly, along said centerline, to
  511         the intersection with the west line of Section 15,
  512         Township 50 South, Range 41 East; thence southerly,
  513         along the east line of Section 16, Township 50 South,
  514         Range 41 East to the southeast corner of said Section
  515         16; thence westerly, along the south line of said
  516         Section 16,to southwest corner of said Section 16;
  517         thence southerly, along the east line of Section 20,
  518         Township 50 South, Range 41 East, to the southeast
  519         corner of said Section 20; thence westerly, along the
  520         south line of Sections 20 and 19, Township 50 South,
  521         Range 41 East to the southwest corner of said Section
  522         19; thence continue westerly, along the extension of
  523         the south line of said Section 19, across the Hiatus
  524         between the west line of said Section 19 and the east
  525         line of Section 24, Township 50 South, Range 40 East
  526         to a point on the east line of said Section 24; thence
  527         southerly, along the east line of Sections 24 and 25,
  528         Township 50 South, Range 40 East, to the intersection
  529         with the physical centerline of the South New River
  530         Canal; thence easterly, along said centerline, to the
  531         Point of Beginning. Beginning at the intersection of
  532         the south side of the south bank of the South New
  533         River Canal and the east right-of-way line of State
  534         Road No. 7; thence, run northerly along the east side
  535         of said State Road No. 7 to the north line of Section
  536         25, Township 50 South, Range 41 East; thence run
  537         westerly along the north line of Sections 25 and 26,
  538         Township 50 South, Range 41 East, to its intersection
  539         with the west line of Tract 8, Tier 29, as shown by
  540         the Plat of NEWMAN’S SURVEY, as recorded in Plat Book
  541         2, Page 26, of the Public Records of Dade County,
  542         Florida, (all subsequent references to Tract and Tier
  543         numbers refer to this Plat) also known as the
  544         Southwest corner of Tract 8, Tier 29; thence run
  545         northerly along the west line of Tier 29 for a
  546         distance of 3,356.37 feet more or less to the
  547         southwest corner of Tract 4, Tier 29; thence run
  548         westerly along the south line of Tract 4 in Tiers 31,
  549         33, 35 and 37 and their prolongations thereof for a
  550         distance of 2,399.28 ft. more or less to the southwest
  551         corner of Tract 4, Tier 37; thence run northerly along
  552         the west line of said Tier 37 for a distance of 3,456
  553         ft. more or less to the north right-of-way line of the
  554         North New River Canal; thence run northwesterly along
  555         the north side of the north bank of said canal to the
  556         intersection of said bank with the west line of
  557         Section 15, Township 50 South, Range 41 East; thence,
  558         run southerly along the east line of Section 16,
  559         Township 50 South, Range 41 East to the southeast
  560         corner of said Section 16, Township 50 South, Range 41
  561         East; thence run westerly along the south line of said
  562         Section 16, Township 50 South, Range 41 East to
  563         southwest corner of said Section 16, Township 50
  564         South, Range 41 East; thence run southerly along the
  565         east line of Section 20, Township 50 South, Range 41
  566         East, to the southeast corner of said Section 20,
  567         Township 50 South, Range 41 East; thence run westerly
  568         along the south line of Sections 20 and 19, Township
  569         50 South, Range 41 East to the southwest corner of
  570         said Section 19, Township 50 South, Range 41 East;
  571         thence continue westerly along the extension of the
  572         south line of said Section 19, Township 50 South,
  573         Range 41 East across the Hiatus between the west line
  574         of said Section 19, Township 50 South, Range 41 East
  575         and the east line of Section 24, Township 50 South,
  576         Range 40 East to a point on the east line of said
  577         Section 24, Township 50 South, Range 40 East; thence
  578         continue southerly along the east line of Sections 24
  579         and 25, Township 50 South, Range 40 East, to the
  580         intersection with the south side of the south bank of
  581         the South New River Canal; thence, run easterly along
  582         the south side of the south bank of said canal to the
  583         point of beginning. Less the following described
  584         property: Beginning at the southeast corner of Tract
  585         7, Section 25, Township 50 South, Range 41 East, as
  586         shown by Plat of NEWMAN’S SURVEY, as recorded in Plat
  587         Book 2, Page 26, Public Records of Dade County,
  588         Florida (all subsequent references to Tract and Tier
  589         numbers refer to this plat); thence run westerly along
  590         the south line of said Tract 7 to the northeast corner
  591         of Tract 9 of said Section 25, Township 50 South,
  592         Range 41 East; thence southerly along the east line of
  593         said Tract 9 to the southeast corner of said Tract 9;
  594         thence westerly along the south line of said Tract 9
  595         to the southwest corner of said Tract 9; thence
  596         northerly along the west line of Tracts 9 and 8 and
  597         their northerly prolongation to an intersection with
  598         the south line of Tier 13; thence easterly along the
  599         south line of Tiers 13, 11 and 9 and their
  600         prolongations thereof to an intersection with the
  601         northerly extension of the east line of tract 7;
  602         thence southerly along the east line of Tract 7 to the
  603         point of beginning.
  604  
  605         Zone 4: Begin at the intersection of the east right
  606         of-way line of State Road No. 7 and the physical
  607         centerline of the South New River Canal; thence
  608         southerly, along said right-of way line, to the
  609         intersection with the south line of Section 36,
  610         Township 50 South, Range 41 East; thence westerly,
  611         along the south line of Sections 36, 35, 34, 33, and
  612         32 in Township 50 South, Range 41 East, to the
  613         northeast corner of Section 5, Township 51 South,
  614         Range 41 East; thence southerly, along the east line
  615         of said Section 5, to the southeast corner of said
  616         Section 5; thence westerly, along the south line of
  617         Sections 5 and 6, Township 51 South, Range 41 East, to
  618         the southwest corner of said Section 6; thence
  619         northerly, along the west line of said Section 6, to
  620         the northwest corner of said Section 6; thence
  621         easterly, along the north line of Sections 6 and 5,
  622         Township 51 South, Range 41 East to the southwest
  623         corner of Section 32, Township 50 South, Range 41
  624         East; thence northerly, along the west line of
  625         Sections 32 and 29, Township 50 South, Range 41 East
  626         to the physical centerline of the South New River
  627         Canal; thence easterly, along said physical
  628         centerline, to the Point of Beginning. Beginning at
  629         the intersection of the east right-of-way line of
  630         State Road No. 7 and the south side of the south bank
  631         of South New River Canal; thence, run southerly along
  632         with east side of said State Road No. 7 to the south
  633         line of Section 36, Township 50 South, Range 41 East;
  634         thence, run westerly along the south line of Sections
  635         36, 35, 34, 33 and 32 in Township 50 South, Range 41
  636         East to the Northeast corner of Section 5, Township 51
  637         South, Range 41 East; thence, run southerly to the
  638         Southeast corner of said Section 5, Township 51 South,
  639         Range 41 East; thence, run westerly along the South
  640         line of Sections 5 and 6, Township 51 South, Range 41
  641         East to the Southwest corner of said Section 6,
  642         Township 51 South, Range 41 East; thence, run
  643         northerly along the west line of Section 6, Township
  644         51 South, Range 41 East to the Northwest corner of
  645         said Section 6, Township 51 South, Range 41 East;
  646         thence, run easterly along the north line of Sections
  647         6 and 5, Township 51 South, Range 41 East to the
  648         Southwest corner of Section 32, Township 50 South,
  649         Range 41 East; thence, run northerly along the west
  650         line of Sections 32 and 29, Township 50 South, Range
  651         41 East to the south side of the south bank of the
  652         South New River Canal; thence run easterly along the
  653         south side of the south bank of the South New River
  654         Canal to the point of beginning.
  655  
  656         Zone 5: Begin at the northwest corner of Section 4,
  657         Township 51 South, Range 41 East; thence southerly,
  658         along the west line of said Section 4, to the
  659         southwest corner of said Section 4; thence easterly,
  660         along the south line of said Section 4, to the
  661         northwest corner of Section 10, Township 51 South,
  662         Range 41 East; thence southerly, along the west line
  663         of said Section 10, to the west one-quarter (W 1/4)
  664         corner of said Section 10; thence easterly, along the
  665         south line of the north one-half (N 1/2) of Sections
  666         10, 11 and 12, Township 51 South, Range 41 East, to an
  667         intersection with a line 80 feet east of, as measured
  668         at right angles to, and parallel with the west right
  669         of-way line of Florida’s Turnpike; thence northerly,
  670         along said parallel line, and continuing 80 feet east
  671         of said right-of-way, to an intersection with the
  672         north line of Section 1, Township 51 South, Range 41
  673         East; thence westerly, along the north line of
  674         Sections 1, 2, 3, and 4, Township 51 South, Range 41
  675         East, to the Point of Beginning. Beginning at the
  676         Northwest corner of Section 4, Township 51 South,
  677         Range 41 East; thence, run southerly along the west
  678         line of said Section 4, Township 51 South, Range 41
  679         east to the Southwest corner of said Section 4,
  680         Township 51 South, Range 41 East; thence, run easterly
  681         along the south line of said Section 4, Township 51
  682         South, Range 41 East, to the northwest corner of
  683         Section 10, Township 51 South, Range 41 East; thence,
  684         run southerly along the west line of said Section 10,
  685         Township 51 South, Range 41 East to the southwest
  686         corner of the north half of said Section 10, Township
  687         51 South, Range 41 East; thence run easterly along the
  688         south line of the north half of Sections 10, 11 and
  689         12, in Township 51 South, Range 41 East to the east
  690         bank of the drainage ditch along the west side of the
  691         Sunshine State Parkway (Florida Turnpike); thence, run
  692         northerly along the east bank of said ditch to the
  693         north line of Section 1, Township 51 South, Range 41
  694         East; thence, run westerly along the north line of
  695         Sections 1, 2, 3 and 4, Township 51 South, Range 41
  696         East to the point of beginning.
  697  
  698         Zone 6: Begin at the southwest corner of Section 3,
  699         Township 51 South, Range 40 East, Broward County,
  700         Florida; thence northerly, along the west line of said
  701         Section 3, to the northwest corner of said Section 3;
  702         thence northerly, along the west line of Sections 34
  703         and 27, Township 50 South, Range 40 East, to the
  704         intersection with the physical centerline of the South
  705         New River Canal; thence meandering westerly,
  706         northwesterly, southwesterly, southeasterly,
  707         southerly, southwesterly and westerly, along said
  708         centerline, to the intersection with the west line of
  709         Section 28, Township 50 South, Range 40 East; thence
  710         northerly, along the west line of Sections 28, 21, 16,
  711         9, and 4, Township 50 South, Range 40 East, to the
  712         intersection with the centerline right-of-way of the
  713         North New River Canal; thence southeasterly, along
  714         said centerline, to the intersection with the west
  715         line of Section 3, Township 50 South, Range 40 East;
  716         thence southerly, along the west line of Sections 3
  717         and 10, Township 50 South, Range 40 East, to the
  718         northeast corner of Section 16, Township 50 South,
  719         Range 40 East; thence westerly, along the north line
  720         of said Section 16, to the north one-quarter (N 1/4)
  721         corner of said Section 16; thence southerly, along the
  722         west line of the east one-half (E 1/2) of said Section
  723         16, to the south one-quarter (S 1/4) corner of said
  724         Section 16; thence easterly, along the south line of
  725         Sections 16 and 15, Township 50 South, Range 40 East,
  726         to the north one-quarter (N 1/4) corner of Section 22,
  727         Township 50 South, Range 40 East; thence southerly,
  728         along the west line of the east one-half (E 1/2) of
  729         Sections 22 and 27, Township 50 South, Range 40 East,
  730         to the intersection with the physical centerline of
  731         the South New River Canal; thence easterly, along said
  732         centerline, to the intersection with the east line of
  733         Section 30, Township 50 South, Range 41 East; thence
  734         southerly, along the east line of Sections 30 and 31,
  735         Township 50 South, Range 41 East, to the north line of
  736         Section 5, Township 51 South, Range 41 East; thence
  737         westerly, along the north line of Sections 5 and 6,
  738         Township 51 South, Range 41 East, to the northeast
  739         corner of Section 1, Township 51 South, Range 40 East;
  740         thence southerly, along the east line of said Section
  741         1, to the southeast corner of said Section 1; thence
  742         westerly, along the south line of Sections 1, 2, and
  743         3, Township 51 South, Range 40 East, to the Point of
  744         Beginning. Beginning at the Southwest corner of
  745         Section 3, Township 51 South, Range 40 East, Broward
  746         County, Florida; thence Northerly, along the West line
  747         of said Section 3, to the Northwest corner of said
  748         Section 3; thence Northerly, along the West line of
  749         Sections 34 and 27, Township 50 South, Range 40 East,
  750         to the intersection with the south side of the south
  751         bank of the South New River Canal; thence Westerly,
  752         along said south side of the south bank of the South
  753         New River Canal, to the intersection with the West
  754         line of Section 28, Township 50 South, Range 40 East;
  755         thence Northerly, along the West line of Sections 28,
  756         21, 16, 9 and 4, Township 50 South, Range 40 East, to
  757         the intersection with the north side of the north bank
  758         of the North New River Canal; thence Southeasterly,
  759         along said north side of the north bank of the North
  760         New River Canal, to the intersection with the West
  761         line of Section 3, Township 50 South, Range 40 East;
  762         thence Southerly, along the West line Sections 3 and
  763         10, Township 50 South, Range 40 East, to the Northeast
  764         corner of Section 16, Township 50 South, Range 40
  765         East; thence Westerly, along the North line of said
  766         Section 16, to the Northwest corner of the East Half
  767         (E 1/2) of said Section 16; thence Southerly, along
  768         the West line of said East Half (E 1/2) of Section 16,
  769         to the Southwest corner of said East Half (E 1/2) of
  770         Section 16; thence Easterly, along the South line of
  771         Sections 16 and 15, Township 50 South, Range 40 East,
  772         to the Northwest corner of the East Half (E 1/2) of
  773         Section 22, Township 50 South, Range 40 East; thence
  774         Southerly, along the West line of the East Half (E
  775         1/2) of Sections 22 and 27, Township 50 South, Range
  776         40 East, to the intersection with the south side of
  777         the south bank of the South New River Canal; thence
  778         Easterly, along said south side of the south bank of
  779         the South New River Canal, to the intersection with
  780         the East line of Section 30, Township 50 South, Range
  781         41 East; thence Southerly, along the East line of
  782         Sections 30 and 31, Township 50 South, Range 41 East,
  783         to the North line of Section 5, Township 51 South,
  784         Range 41 East; thence Westerly, along the North line
  785         of Sections 5 and 6, Township 51 South, Range 41 East,
  786         to the Northeast corner of Section 1, Township 51
  787         South, Range 40 East; thence Southerly, along the East
  788         line of said Section 1, to the Southeast corner of
  789         said Section 1; thence Westerly, along the South line
  790         of Sections 1, 2, and 3, Township 51 South, Range 40
  791         East, to the Point of Beginning.
  792  
  793         e. All commissioners shall serve a term of 4 years. An
  794  election shall be held every 2 years to elect successors for
  795  that each group of commission seats up for election. The terms
  796  of the six commissioners shall be staggered. Elections for zones
  797  1, 2, and 6 shall be held in the 2010 general election and every
  798  4 years thereafter. Elections for zones 3, 4, and 5 shall be
  799  held in the 2012 general election and every 4 years thereafter,
  800  so as to have the various successors elected at the expiration
  801  of the term of the respective groups.
  802         f. A commissioner shall, at the time of qualification for
  803  office, be a resident of the respective zone that he or she
  804  desires to represent for the 90 30 days immediately preceding
  805  the date of qualifying for nomination to office. Qualifying
  806  dates shall be the same as the qualifying dates for County
  807  Commission for the general election. A commissioner at the time
  808  of his or her qualification for office shall be a qualified
  809  voter in Broward County.
  810         g. The compensation of each commissioner shall be set by
  811  appropriate resolution of the board of commissioners, but shall
  812  not exceed $400 dollars per month. Expenses shall be reimbursed
  813  pursuant to Florida Statutes pertaining to per diem and travel
  814  expenses of public officers, employees, and authorized persons,
  815  and any subsequent amendments thereto.
  816         h. Whenever a commissioner shall be absent from every
  817  commission meeting held in 2 consecutive calendar months, such
  818  commissioner shall at the discretion of the board of
  819  commissioners receive no compensation nor reimbursement of
  820  expenses for the next succeeding 2-month period. Such period
  821  shall be cumulative.
  822         i. In the event that a vacancy should occur in the office
  823  of a commissioner, the remaining commissioners shall forthwith
  824  appoint by a majority vote a successor commissioner having the
  825  same qualifications, including zone resident requirements, as
  826  prescribed herein for the office vacated, for the unexpired
  827  term. If the commissioners shall fail to appoint a successor
  828  commissioner within 30 days after a vacancy should occur, the
  829  Governor shall appoint a successor commissioner for the
  830  unexpired term. There is no prohibition on a commissioner
  831  succeeding himself or herself in term of office.
  832         j. A vacancy shall be deemed to occur if an elected
  833  commissioner moves from his or her zone prior to the expiration
  834  of the term to which he or she was elected. In that event, the
  835  commission shall appoint a successor commissioner in accordance
  836  with subsection i. Elected Those commissioners holding office as
  837  of January 1, 2002, shall serve their full 4-year term. Those
  838  commissioners elected in 2002 and 2004 shall assume office and
  839  shall be installed at the first regularly scheduled meeting
  840  following their election.
  841         Section 5. Elections.—
  842         a. All general district elections and primaries for same,
  843  unless otherwise provided in this charter, shall be in
  844  accordance with the Florida Election Code and revisions thereto.
  845         b. Only such qualified persons for the respective offices
  846  shall be eligible to become candidates for such respective
  847  offices. The names of all candidates who qualify for an election
  848  shall be printed upon the election ballot. Every candidate for
  849  nomination for office shall pay to the Supervisor of Elections
  850  of Broward County the a filing fee for in the amount of 3
  851  percent of the annual salary of the office and shall designate
  852  the office for which he or she has qualified. Each candidate for
  853  nomination for an office shall also take, sign, and subscribe to
  854  an oath or affirmation as may be required by law. in writing in
  855  substantially the following form:
  856  
  857  STATE OF FLORIDA   )
  858                ) ss.
  859  COUNTY OF BROWARD )
  860  
  861         BEFORE ME, an officer authorized to administer oaths,
  862  personally appeared ..........., to me well known, who, being
  863  sworn says that he or she is a candidate for office of
  864  commissioner for zone .... for the Central Broward Water Control
  865  District; that he or she is a qualified elector of Broward
  866  County, Florida; that he or she is qualified under the
  867  Constitution, the laws of Florida and the laws of Central
  868  Broward Water Control District to which he or she desires to be
  869  nominated or elected; that he or she has taken the oath required
  870  by ss. 876.05-876.10, Florida Statutes (public employees; oath);
  871  that he or she has not violated any of the laws of the state
  872  relating to elections or the registration of electors; that he
  873  or she has qualified for no other public office in the state,
  874  the terms of which office or any part thereof runs concurrent
  875  with that of the office he or she seeks; that he or she has
  876  resigned from any office from which he or she is required to
  877  resign pursuant to s. 99.012, Florida Statutes (restrictions on
  878  individuals qualifying for public office); and that he or she
  879  has submitted a sworn statement of contributions and
  880  expenditures, if any, incurred prior to the time of qualifying
  881  and since the last preceding general election; that he or she
  882  has been a resident of zone .... of the district for the 30 days
  883  immediately preceding the date of qualifying for nomination to
  884  office or is otherwise qualified for nomination to office as
  885  commissioner of zone .... of the district; and that he or she is
  886  an owner in fee simple of land within the district.
  887  
  888  ......................
  889  Signature of Candidate
  890  SWORN TO and subscribed before me
  891  this .... day of ......, 19...
  892  
  893  ...............
  894  Notary Public
  895  
  896         c. Candidates for office shall be required to file their
  897  qualification oath, fee, and designation of office with the
  898  Supervisor of Elections of Broward County as prescribed by law,
  899  at any time after noon of the first day for qualifying, which
  900  shall be the 50th day prior to the first primary, but not later
  901  than noon the 46th day prior to the first primary. If a
  902  candidate fails to comply with the provisions herein, that
  903  candidate’s name shall not appear on the ballot. A candidate who
  904  has filed the required oath and has paid the qualifying fee and
  905  otherwise complied with the provisions herein shall be entitled
  906  to have his or her name printed on the official ballot.
  907         d. If only two persons qualify for any one particular zone,
  908  then there shall be no primary election, and those candidates
  909  shall appear on the general election ballot. If more than two
  910  candidates qualify for any one particular zone, then the names
  911  of those candidates shall be placed on the ballot at the first
  912  primary election. The two candidates receiving the highest
  913  number of votes of the electors for each zone in the first
  914  primary election shall have their names printed on the ballot
  915  for the general district election.
  916         e. The candidate receiving the highest number of votes cast
  917  by the electors in the general district election shall be
  918  declared elected, as certified by the board of county canvassers
  919  of Broward County.
  920         f. The name of an unopposed candidate for the office of
  921  commissioner shall not appear on any ballot, and such candidate
  922  shall be deemed to have voted for himself or herself at the
  923  general district election.
  924         g. Upon receipt of the certificate of the county canvassers
  925  board, the district secretary shall transmit such returns to the
  926  board of commissioners at the next regularly scheduled meeting.
  927         h. The general district election shall be held on the first
  928  Tuesday after the first Monday in November of each even-numbered
  929  year. Each person to be allowed to vote in any election must be
  930  a qualified elector of the State of Florida, must be a permanent
  931  resident of the district and zone which the election of
  932  commissioner is for, and must be registered as a voter of
  933  Broward County. All elections shall be conducted on the
  934  principles adopted for state and county elections.
  935         i. In all elections, the regular registration books of
  936  Broward County covering an area of the district shall be used,
  937  and only those persons who are shown thereon as qualified
  938  electors and residing within the district and zone which the
  939  election of commissioner is for shall be entitled to vote in
  940  said election.
  941         Section 6. Recall.—
  942         a. Whenever 50 percent of the electors freeholders
  943  qualified to vote as prescribed herein from each and every zone
  944  of the district created hereby shall sign a petition addressed
  945  to the board of commissioners demanding that a recall election
  946  be held, the board of commissioners shall take the following
  947  action:
  948         (1) Said petition shall be referred to and handed over to
  949  the secretary not later than 10 days after the board of
  950  commissioners has been presented with the petition.
  951         (2) Order the secretary to, and the secretary shall, check
  952  the persons’ names and eligibility signing the petition. The
  953  secretary shall have 10 days in which to return same to the
  954  board of commissioners along with his or her certification as to
  955  whether or not the petition contains the proper percentage of
  956  registered freeholders as prescribed herein.
  957         (3) If the petition is valid as to the percentage of
  958  petitioners, then the board of commissioners shall issue its
  959  resolution proclaiming a recall election of those commissioners
  960  whom the petition shall name. The resolution shall contain all
  961  information required by this charter as set forth herein.
  962         b. The recall petition shall state the name or names of the
  963  elected commissioners desired to be recalled. No reason or
  964  reasons for such recall shall be required to be stated in the
  965  petition.
  966         c. In addition to proclaiming the recall election of the
  967  commissioner, the resolution shall state the date for the
  968  holding of the election, which shall be not more than 60 days
  969  after the date of the resolution. Further, the resolution shall
  970  set the date of qualifying of candidates for the election, which
  971  date shall be not more than 20 days from the passage of the
  972  resolution.
  973         d. The elected commissioner sought to be recalled shall
  974  remain in office and carry on his or her regular duties until
  975  his or her successor, if any there be, is elected and takes
  976  office. In the event the commissioner sought to be recalled
  977  desires to stand for election in the recall election, he or she
  978  shall qualify in the same manner as any other candidate.
  979         e. The recall election shall be held as any other general
  980  election of commissioners. The offices sought to be vacated
  981  shall be treated as though the term of the offices filling that
  982  post were expiring.
  983         f. In the event that more than two persons qualify for each
  984  office sought to be vacated, then a primary election shall be
  985  held and the time of holding such primary election shall be not
  986  more than 35 days after the date of the recall resolution.
  987         g. The person elected to the office vacated or sought to be
  988  vacated shall take the oath of office and assume the duties of
  989  the office not later than 7 days after the final election.
  990         Section 7. Organization of board of commissioners.—At the
  991  first regularly scheduled meeting following the first Tuesday
  992  after the first Monday in November each year, the board of
  993  commissioners shall assemble and organize by choosing one of
  994  their members chair of the board, and choosing another one of
  995  their members vice chair. In the event of a deadlock in
  996  selecting a new chair or vice chair, the existing chair and vice
  997  chair shall remain in office until a new chair or vice chair is
  998  selected. Those commissioners elected to the position of chair
  999  or vice chair in January 1998, shall continue in those offices
 1000  until the expiration of their terms. Those commissioners elected
 1001  to the position of chair or vice chair in January 1999, shall
 1002  hold those offices until the first regularly scheduled meeting
 1003  following the first Tuesday after the first Monday in November
 1004  1999. The chair shall preside at all meetings. In the chair’s
 1005  absence, the vice chair shall preside and have the same powers
 1006  and be subject to the same limitations as the chair. Four
 1007  members of the board including the chair, or the vice chair in
 1008  the chair’s absence, shall constitute a quorum for all purposes.
 1009  In the absence of both the chair and vice chair, if a quorum is
 1010  otherwise present, the commissioner with the most seniority
 1011  shall be chair of such meeting and shall preside over the
 1012  meeting and have the same powers as the chair. The board shall
 1013  establish its own rules of procedure. In all matters, the board
 1014  shall act by resolution and the affirmative votes of a majority,
 1015  but not less than three of the members of the board that are
 1016  present at district meetings shall be required to make any
 1017  determination or effect any action.
 1018         Section 12. Taxation.—
 1019         a. The board of commissioners of the district is authorized
 1020  to levy taxes on land only and not upon any improvements thereon
 1021  within the district up to and including 5 mills per dollar of
 1022  assessed valuation. In the absence of any contrary action of the
 1023  board of commissioners acting as a budget commission as herein
 1024  provided, the tax rate of each calendar year shall be at the
 1025  maximum provided herein.
 1026         b. Such taxes as provided herein and as may be determined
 1027  to be necessary by the board of commissioners, acting as budget
 1028  commission for the district for the operation of the affairs of
 1029  the district, shall be certified to the Property Appraiser of
 1030  Broward County, by the board of commissioners of Central Broward
 1031  Water Control District, and shall be placed upon the tax rolls
 1032  of Broward County, by the property appraiser, and shall be
 1033  collected by the Revenue Tax Collector of Broward County, as now
 1034  provided by law, and such taxes so levied shall become a lien
 1035  under the law against the property within the boundaries of the
 1036  Central Broward Water Control District and enforceable under the
 1037  laws of the State of Florida pertaining to the Central Broward
 1038  Water Control District.
 1039         c.The manner and basis of taxation for the year 1970 shall
 1040  be the same as existed for the Central Broward Water Control
 1041  District prior to the enactment hereof.
 1042         Section 17. Tax roll.—
 1043         a. The county Property Appraiser of Broward County shall
 1044  certify to the board of commissioners of the Central Broward
 1045  Water Control District the total assessed value of real property
 1046  located within the boundaries of the district, on or before the
 1047  first day of July of each year, said certification to be
 1048  prepared from the tax roll of Broward County.
 1049         b. It shall be the duty of the Property Appraiser of
 1050  Broward County to enter upon the tax roll of the county the
 1051  taxes or assessments levied by the district, upon certification
 1052  of the same by the chair or secretary of the board, which
 1053  certification shall be delivered on or before September 1 of
 1054  each year. The tax or assessment shall be entered upon the tax
 1055  roll in a proper column under the head of “Central Broward Water
 1056  Control District” opposite the name of the person or persons or
 1057  corporation owning such land in the manner provided by law for
 1058  making up the tax roll for state and county taxes, or in case
 1059  the ownership of such land is not shown upon such tax roll, then
 1060  opposite the word “unknown.”
 1061         c. The tax or assessment levied by this charter shall
 1062  constitute a lien upon the lands so assessed as of the first day
 1063  of January of each year in which the entries are made in the tax
 1064  rolls pursuant to subsection b., which lien shall be superior in
 1065  dignity to all other liens upon said lands, except the lien for
 1066  state and county taxes and other taxes of equal dignity, as to
 1067  which taxes the said lien shall be coordinate.
 1068         d.The property appraiser shall attach to the tax roll, a
 1069  special warrant to the tax collector of the county for the
 1070  collection of such drainage taxes, and the special warrant shall
 1071  be signed by the property appraiser and shall be the authority
 1072  of the tax collector of the collection of such taxes. The
 1073  warrant shall be in substantially the following form:
 1074  
 1075         SPECIAL WARRANT FOR COLLECTION OF DRAINAGE TAXES:
 1076         STATE OF FLORIDA, TO ............, TAX COLLECTOR OF
 1077         THE COUNTY OF BROWARD. YOU ARE HEREBY COMMANDED TO
 1078         COLLECT OUT OF THE REAL ESTATE AGAINST WHICH DRAINAGE
 1079         TAXES ARE ASSESSED AND SET FORTH IN THIS ROLL, AND
 1080         FROM THE PERSONS OR CORPORATIONS NAMED THEREIN,
 1081         AGAINST WHOSE LANDS DRAINAGE TAXES ARE ASSESSED, THE
 1082         DRAINAGE TAX SET DOWN IN SAID ROLL OPPOSITE EACH NAME,
 1083         CORPORATION, OR PARCEL OF LAND THEREIN DESCRIBED, AND
 1084         IN EACH CASE SUCH DRAINAGE TAX IS NOT PAID ON OR
 1085         BEFORE THE FIRST DAY OF APRIL NEXT, YOU ARE TO COLLECT
 1086         THE SAME BY LEVY AND SALE OF THE LANDS SO ASSESSED;
 1087         AND ALL SUMS COLLECTED FOR DRAINAGE TAXES YOU ARE TO
 1088         PAY TO THE TREASURER OF CENTRAL BROWARD WATER CONTROL
 1089         DISTRICT. GIVEN UNDER MY HAND AND SEAL, THIS .... DAY
 1090         OF ........, 19...
 1091  
 1092  ..................................
 1093  PROPERTY APPRAISER, BROWARD COUNTY
 1094  
 1095  Such warrant shall remain in full force until all the Central
 1096  Broward Water Control District taxes shown in said roll to be
 1097  assessed shall be collected.
 1098         d.e. The Revenue Tax Collector of Broward County shall make
 1099  returns and remittances of money collected by him or her for
 1100  Central Broward Water Control District in the manner and time
 1101  provided by law. Central Broward Water Control District may,
 1102  from time to time, make audits or checks of the tax assessment
 1103  roll at the property appraiser’s office, and the revenue tax
 1104  collector shall furnish all that is required by law.
 1105         e.f. No provision hereof shall in any way affect the power
 1106  and authority of the Central Broward Water Control District to
 1107  levy or collect any special assessment.
 1108         g.The manner and basis of establishing the tax roll shall
 1109  be the same as existed for the Central Broward Water Control
 1110  District prior to 1970.
 1111         Section 33. Powers of commissioners to carry out plan.—The
 1112  board of commissioners of the district created hereby shall have
 1113  full power and authority to put out requests for proposals or
 1114  bids for contracts and to build, construct, excavate, and
 1115  complete any and all works and improvements which may be needed
 1116  to carry out, maintain, and protect the state comprehensive
 1117  water management plan. To accomplish that end the board of
 1118  commissioners may employ persons and teams and purchase
 1119  machinery, employ persons to operate same, and directly have
 1120  charge of and construct the works and improvements in such
 1121  manner or by use of other or more efficient means than provided
 1122  for in the plans adopted. The board of commissioners may, at its
 1123  discretion, award let the contract for such works and
 1124  improvements, either as a whole or in sections, and when such
 1125  contracts are awarded let they shall be advertised and awarded
 1126  let to the lowest qualified, responsible and best bidder, as
 1127  determined by the board, which bidder who shall give a good and
 1128  approved bond, with ample security, conditioned that he or she
 1129  will promptly carry out the contract for such work and
 1130  improvements under such terms and conditions as the board of
 1131  commissioners deems necessary; which contract shall be in
 1132  writing and to which shall be attached, and made a part thereof,
 1133  complete plans and specifications of the work to be done and
 1134  improvements to be made under such contract, which plans and
 1135  specifications shall be prepared by the district’s engineer and
 1136  shall be incorporated in, and attached to, the contract; and
 1137  such contract shall be prepared by the attorney for the district
 1138  and approved by the board of commissioners and signed by its
 1139  chair or vice chair and the contractor and executed in
 1140  duplicate. The district manager shall be the superintendent of
 1141  all the works and improvements, and shall, at least once each
 1142  year and when required, make a full report to the board of all
 1143  work done and improvements made, and make suggestions and
 1144  recommendations to the board as he or she may deem proper.
 1145         Section 34. Rules and regulations.—The board of
 1146  commissioners is hereby authorized to adopt, promulgate, and
 1147  enforce all rules and regulations necessary and appropriate for
 1148  the administration and enforcement of this charter. No such
 1149  action shall be taken by the board of commissioners until after
 1150  the holding by this board of commissioners of a public hearing
 1151  on the proposed rules and regulations. The provisions of chapter
 1152  120, Florida Statutes (Administrative Procedure Act), shall
 1153  apply to all such rules and regulations. As soon as practicable
 1154  and as necessary, from time to time, the board of commissioners
 1155  shall effect appropriate rules and regulations as deemed
 1156  necessary, including, but not limited to, the following:
 1157         a. Conditions precedent to be met for land to be platted in
 1158  on the public records of the appropriate governmental authority
 1159  to assure provisions for proper drainage and water management,
 1160  the dedication of proper easements or rights-of-way to the
 1161  district, and the procedures to be followed in connection
 1162  therewith including cooperation with the county engineer, and
 1163  the posting of such bonds in such amounts on such conditions as
 1164  are deemed necessary in such plats to ensure the proper and
 1165  timely completion of such drainage and water management
 1166  provisions. No plat for the subdivision of any land within the
 1167  district shall be entitled to be recorded record without the
 1168  approval of the board of commissioners.
 1169         b. Code of regulations, standards, general specifications
 1170  and procedures, and design criteria for the obtainment of a
 1171  permit and for hearings in connection therewith before the board
 1172  of commissioners for approval of plans for all drainage
 1173  improvements within the district, including structural
 1174  improvements coming into, over, onto, or through any of the
 1175  waterways of the district.
 1176         c. Code of regulations, standards, procedures, and design
 1177  criteria specifications as to content of discharge and effluents
 1178  coming into the waterways of the district.
 1179         Section 37. Eminent domain.—The district created hereby may
 1180  acquire, by gift, purchase, exchange, donation, dedication, or
 1181  condemnation, any lands within or without the said district for
 1182  canal rights-of-way or easements, or for other general purposes
 1183  of the said district, and, if acquired by condemnation, the
 1184  procedure shall be as prescribed in chapter 73, Florida
 1185  Statutes, Eminent Domain.
 1186         Section 38. Obstructions, damage, and destruction
 1187  prohibited; damages; penalties.—No person may willfully or
 1188  otherwise obstruct any canal, drain, ditch, or watercourse or
 1189  damage or destroy any drainage works constructed in the drainage
 1190  district.
 1191         a. Any person who shall willfully obstruct any canal,
 1192  drain, ditch, or other watercourse, or shall damage or destroy
 1193  any drainage works constructed by the drainage district, shall
 1194  be liable to any person injured thereby for the full amount of
 1195  the injury occasioned to any land or crops or other property by
 1196  such misconduct and shall be liable to the drainage district
 1197  constructing the work for double the cost of removing such
 1198  obstruction or repairing such damage. The costs shall include
 1199  all labor, materials, equipment, and supplies necessary to
 1200  effect such removal or repair, and all costs and expenses,
 1201  including reasonable attorney’s fees, necessary to make any
 1202  person injured or the drainage district whole.
 1203         b. Any person who willfully or otherwise obstructs any
 1204  canal, drain, ditch, or watercourse, or impedes or obstructs the
 1205  flow of water thereof, or damages or destroys any drainage works
 1206  constructed by any drainage district is guilty of a misdemeanor
 1207  of the first degree, punishable as provided by general law.
 1208         c. If the board of commissioners finds and determines that
 1209  any dike, culvert, bridge, crossing, or any other device in any
 1210  canal, drain, ditch, or watercourse which is used for servicing
 1211  any property or providing access thereto constitutes an
 1212  obstruction or impediment to the free flow of water or drainage
 1213  or access to maintenance of any district facility, whether the
 1214  same has been so placed in or near any canal, drain, ditch, or
 1215  watercourse under permit by the district or otherwise, the
 1216  record owner of the property provided access or service shall be
 1217  notified in writing of such obstruction with a demand therein
 1218  that such owner cause the condition to be remedied. The notice
 1219  shall be given by registered mail, addressed to the owner or
 1220  owners of the property described, as their names and addresses
 1221  are shown upon the records of the county property appraiser, and
 1222  shall be deemed complete and sufficient when so addressed and
 1223  deposited in the United States mail with proper postage prepaid.
 1224  In the event that such notice is returned by postal authorities,
 1225  the district shall cause a copy of the notice to be served by
 1226  any officers, commissioners, or agents of the district, an
 1227  affidavit of such service by such officer, commissioner, or
 1228  agent filed in the minutes of the district shall be proof of
 1229  service thereof, upon the occupant of the property or upon any
 1230  agent of the owner thereof. In the event that personal service
 1231  upon the occupant of the property or upon any agent of the owner
 1232  thereof cannot be performed after a reasonable search, the
 1233  notice shall be accomplished by physical posting on the
 1234  property. The notice shall be in substantially the following
 1235  form:
 1236  
 1237  Name of Owner:.................
 1238  Address of Owner:.................
 1239  
 1240         Our records indicate you are the owner(s) of the
 1241         following property located in the Central Broward
 1242         Water Control District, Broward County, Florida:
 1243  
 1244                         (describe property)                       
 1245  
 1246         An inspection of this property and the abutting canal,
 1247         drain, ditch, or watercourse discloses, and the Board
 1248         of Commissioners of the Central Broward Water Control
 1249         District has found and determined, that an obstruction
 1250         in said canal, drain, ditch, or watercourse exists,
 1251         thereby impeding the free flow of water or and
 1252         drainage or access to maintenance of a district
 1253         facility and constituting a hazard and danger to the
 1254         inhabitants within the Central Broward Water Control
 1255         District so as to constitute a violation of the
 1256         charter and regulations of the Central Broward Water
 1257         Control District in that:
 1258  
 1259                (describe the condition which places               
 1260                     the property in violation.)                   
 1261  
 1262         You are hereby notified that unless the condition
 1263         above described is remedied so as to make it
 1264         nonviolative of the charter and regulations of the
 1265         Central Broward Water Control District within 20 days
 1266         from the date hereof, the Central Broward Water
 1267         Control District will proceed to remedy this condition
 1268         and the cost of the work, including advertising costs
 1269         and all other expenses, will be imposed as lien on the
 1270         property if not otherwise paid within 30 days after
 1271         receipt of billing.
 1272  
 1273  Central Broward Water Control District
 1274  BY.................
 1275  
 1276         d. Within 20 days after the mailing of the notice to him or
 1277  her, the owner of the property may make written request to the
 1278  board of commissioners for a hearing before that body to show
 1279  that the condition alleged in the notice does not exist or that
 1280  such condition does not constitute an obstruction or impediment
 1281  to the drainage and free flow of water in any canal, ditch,
 1282  drain, or watercourse of the district. At the hearing, the
 1283  district and the property owner may introduce such evidence as
 1284  is deemed necessary.
 1285         e. If within 20 days after mailing of the notice no hearing
 1286  has been requested and the condition described in the notice has
 1287  not been remedied, the district shall cause the condition to be
 1288  remedied by the district at the expense of the property owner.
 1289  If a hearing has been held and has concluded adversely to the
 1290  property owner, the district may cause the condition to be
 1291  remedied at the expense of the property owner, by appropriate
 1292  resolution, and may order the removal of the same, including any
 1293  appurtenances thereto, and may provide for the payment of all or
 1294  any part of the cost of any such removal by levying and
 1295  collecting a special assessment on the property affected or
 1296  afforded service by such bridge, culvert, etc.
 1297         f. After causing the condition to be remedied, the
 1298  secretary of the district shall certify to the board the
 1299  expenses incurred in remedying the condition. Upon the receipt
 1300  of such certificate, the board of commissioners shall review the
 1301  same and determine the amount to be assessed against such
 1302  property by resolution. Upon adoption of the resolution, the
 1303  assessment shall constitute a lien on the respective lots or
 1304  parcels of land or other real property upon which they are
 1305  levied, superior to all other liens, except those for district
 1306  and county taxes.
 1307         g. The board of commissioners shall cause to be recorded in
 1308  the office of the clerk of the circuit court, in and for Broward
 1309  County, a copy of the resolution within 10 days after the
 1310  adoption thereof. The assessment shall be payable at the time
 1311  and in the manner stipulated in the resolution and the
 1312  assessment shall remain a lien coequal with the lien of other
 1313  taxes, superior in dignity to all other liens, titles, and
 1314  claims, until paid and shall bear interest at a rate not to
 1315  exceed 18 percent per annum from the date of the resolution.
 1316         h. Upon the failure of any property owner to pay the
 1317  assessment or any installment thereof or any part thereof as
 1318  provided for in the resolution, the board of commissioners shall
 1319  cause to be brought the necessary legal proceedings to enforce
 1320  payment thereof with all the accrued interest and penalties,
 1321  together with all legal costs incurred, including reasonable
 1322  attorneys’ fees, to be assessed as a part of the cost; and in
 1323  the event of default in the payment of any installment of an
 1324  assessment, or any accrued interest on said assessment, the
 1325  whole assessment with the interest and penalties thereon shall
 1326  immediately become due and payable and subject to foreclosure.
 1327  In the foreclosure of any assessment, service of process against
 1328  unknown or nonresident defendants may be had by publication, as
 1329  provided by law. Foreclosure proceedings shall be prosecuted to
 1330  the sale and conveyance of the property involved in said
 1331  proceedings as provided by law in suits to foreclose mortgages;
 1332  or, in the alternative, said proceedings may be instituted and
 1333  prosecuted under chapter 173, Florida Statutes, Foreclosure of
 1334  Municipal Tax and Special Assessment Liens.
 1335         i. The remedies provided in subsections c. through h. are
 1336  in addition to and not in lieu of other remedies provided for in
 1337  this charter or otherwise.
 1338         Section 39. Extensions of boundaries.—The boundary line of
 1339  the district as defined in this act may be extended to include
 1340  additional adjacent land at any time in the discretion of the
 1341  board of commissioners upon such conditions as the board of
 1342  commissioners of the district may prescribe upon petition of the
 1343  landowners freeholders owning 51 percent or more of the land in
 1344  the area sought to be included in this district by such boundary
 1345  extension. The petition of such landowners freeholders shall be
 1346  directed to the board of commissioners of this district, and
 1347  shall be in writing and duly signed and acknowledged by each of
 1348  the landowners freeholders seeking to include such area in the
 1349  extended boundaries of this district. The area included in this
 1350  district shall be defined and the inclusion thereof shall be
 1351  affirmed by an appropriate resolution of the board of
 1352  commissioners of this district at a regular or special meeting
 1353  called for that purpose, which resolution shall be preserved in
 1354  the minutes of such meeting, and shall be recorded in the public
 1355  records of Broward County, Florida. The board of commissioners
 1356  of this district shall thereafter have jurisdiction and hold and
 1357  be entitled to exercise all of the right, power, and authority
 1358  for the drainage, water management services conducted pursuant
 1359  to this section, and improvement of the land or area so included
 1360  in this district as is granted such board of commissioners by
 1361  this charter with respect to the lands within the boundaries of
 1362  this district as hereinabove set forth, it being the intention
 1363  of the Legislature to confer upon the board of commissioners for
 1364  the drainage and water control district hereby created the same
 1365  rights, powers and authorities, duties, responsibilities, and
 1366  obligations over the lands so included in this district as is by
 1367  this charter conferred upon them with reference to the lands
 1368  within the boundaries of this district as hereby created and
 1369  established.
 1370         Section 40. Subdivision regulation.—
 1371         a. It is the intent and purpose of this charter to promote
 1372  and provide for the public health, safety, comfort, convenience,
 1373  and welfare necessary and required to promote the harmonious,
 1374  orderly, and progressive development of land within the
 1375  district. It is the further intent of this charter to secure the
 1376  establishment of standards of subdivision designs, which will
 1377  encourage the development of sound and economically stable
 1378  communities, and the creation of healthful living environments.
 1379         b. A subdivision for the purpose of this charter is hereby
 1380  defined as: The division of a parcel of land, whether improved
 1381  or unimproved, into three or more lots, or other divisions of
 1382  land for the purpose, whether immediate or future, of transfer
 1383  of ownership, or, if the establishment of any new street is
 1384  involved, any division of such parcel; provided that the
 1385  division of land into parcels of more than 5 acres not involving
 1386  any changes in street lines or public easements shall not be
 1387  deemed to be a subdivision within the meaning of this charter.
 1388  The term includes a resubdivision and, when appropriate to
 1389  context, shall relate to the process of subdivision or to land
 1390  subdivided. The singular usage includes the plural and the
 1391  plural the singular.
 1392         c. Any division of a parcel of land as a subdivision shall
 1393  be subject to such plat and subdivision regulations heretofore
 1394  adopted or hereafter adopted, amended, or modified by the
 1395  district under authority of law. Such regulations may provide
 1396  for streets in the subdivision, to be of such width, grade, and
 1397  location as to facilitate drainage; provide that adequate
 1398  easements and rights-of-way be provided for drainage purposes
 1399  and that the layout of the subdivision conform to the
 1400  comprehensive plan for drainage for the area; and provide that
 1401  for the Central Broward Water Control District’s drainage
 1402  requirements to be met. The district shall not approve any
 1403  subdivision plats unless the land included within the
 1404  subdivision is suitable or shall be made suitable to the various
 1405  purposes for which it is intended to be used, and in particular,
 1406  unless all land intended for building sites can be used safely
 1407  for building purposes, without the danger from flood of other
 1408  inundation, or from any such menace to health, safety, or public
 1409  welfare. It shall be unlawful for anyone being an owner, or
 1410  agent of an owner, of any land to transfer, sell, agree to sell,
 1411  or negotiate to sell such land by reference to, or exhibition
 1412  of, or by any other use of a plat or subdivision of such land,
 1413  without having submitted a plat of such subdivision to the
 1414  district and obtaining its approval as required by this charter.
 1415  If such unlawful use be made of a plat before it is properly
 1416  approved by the district, the owner, or the agent of the owner,
 1417  of such land shall be guilty of a misdemeanor, punishable as
 1418  provided by general law. The description by metes and bounds in
 1419  the instrument of transfer or other documents used in the
 1420  process of transferring shall not exempt the transaction from
 1421  such penalties. It shall be unlawful to transfer lots or units
 1422  of lots by metes and bounds description in order to circumvent
 1423  the provisions of this charter. The district, through its legal
 1424  representatives, may enjoin such transfers or sales or
 1425  agreements by injunction or other appropriate action.
 1426         Section 42. Procurement of contractual services and
 1427  purchase of goods, supplies, and materials.—The Board of
 1428  Commissioners of the Central Broward Water Control District in
 1429  Broward County may procure contractual services and purchase
 1430  goods, supplies, and materials as provided in this section.
 1431         a. All contracts let by the board of commissioners for
 1432  professional architectural, engineering, landscape
 1433  architectural, or land surveying services for any project
 1434  authorized by this charter must comply with s. 287.055, Florida
 1435  Statutes, Consultants Competitive Negotiation Act.
 1436         b. Except as stated herein and as provided in subsections
 1437  c., d., and e. and in s. 287.055, Florida Statutes, the board of
 1438  commissioners may not enter into a contract for the construction
 1439  or maintenance of any improvements authorized under this
 1440  charter, and goods, supplies, or materials may not be purchased
 1441  if the amount to be paid by the district under the contract or
 1442  for the goods, supplies, or materials exceeds $10,000, unless
 1443  notice of bids is advertised advertized in a newspaper of
 1444  general circulation in Broward County. The bid of the lowest
 1445  responsible, acceptable bidder must be accepted, unless all bids
 1446  are rejected. The board of commissioners may require the bidders
 1447  to furnish a bond or letter of credit with responsible surety to
 1448  be approved by the board of commissioners. This section does not
 1449  prevent the board of commissioners from undertaking and
 1450  performing the construction, operation, and maintenance of any
 1451  project, facility, or improvement authorized under this charter,
 1452  by the employment of labor, material, and machinery.
 1453         c. Notwithstanding subsection b., if the board of
 1454  commissioners finds, by resolution, that the use of competitive
 1455  bidding is not practicable, contractual services and purchases
 1456  of goods, supplies, or materials may be procured by competitive
 1457  sealed proposals. The request for proposals must include a
 1458  statement of the services sought or the goods, supplies, or
 1459  materials requested and all contractual terms and conditions
 1460  applicable to the procurement of the contractual services or of
 1461  the goods, supplies, or materials requested. The contract must
 1462  be awarded to the responsive offeror whose proposal is
 1463  determined to be the most advantageous to the district, taking
 1464  into consideration price and other evaluation criteria set forth
 1465  in the request for proposals.
 1466         d. If the board of commissioners finds, by resolution, that
 1467  an immediate danger to the public health, safety, or welfare or
 1468  substantial loss to the district or property owners in the
 1469  district requires emergency action, the board of commissioners
 1470  may procure contractual services necessitated by the immediate
 1471  danger or substantial loss without competition. However, such
 1472  emergency procurement shall be made with such competition as is
 1473  practicable under the circumstances.
 1474         e. If competitive bids or proposals for contractual
 1475  services or for purchases of goods, supplies, or materials are
 1476  not received, the board of commissioners may negotiate and
 1477  determine the best terms and conditions.
 1478         Section 43.Severability.—In the event any section or
 1479  provision of this act is determined to be invalid or
 1480  unenforceable, such determination shall not affect the validity
 1481  or enforceability of each other section and provision of this
 1482  act, and to this end the provisions of this act are declared
 1483  severable.
 1484         Section 2. This act shall take effect upon becoming a law.