HB 0807 2003
1	A bill to be entitled
2	An act relating to water control districts; amending s.
3	298.54, F.S.; authorizing equal apportionment of
4	maintenance taxes for district facility maintenance under
5	certain circumstances; creating s. 298.82, F.S.;
6	preempting control of liability of water control districts
7	to certain persons using district property for certain
8	purposes; specifying lack of district liability for
9	personal injury or damages under certain circumstances;
10	providing construction of district authorization to use
11	property for certain purposes; providing for existence of
12	district liability for certain actions under certain
13	circumstances; providing a limitation; providing a
14	definition; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 298.54, Florida Statutes, is amended to
19	read:
20	298.54 Maintenance tax.--To maintain and preserve the
21	ditches, drains, or other improvements made pursuant to this
22	chapter and to repair and restore the same, when needed, and for
23	the purpose of defraying the current expenses of the district,
24	including any sum which may be required to pay state and county
25	taxes on any lands which may have been purchased and which are
26	held by the district under the provisions of this chapter, the
27	board of supervisors may, upon the completion of the said
28	improvements, in whole or in part as may be certified to the
29	board by the chief engineer, levy annually a tax upon each tract
30	or parcel of land within the district, to be known as a
31	"maintenance tax." Said maintenance tax shall be apportioned
32	upon the basis of the net assessments of benefits assessed as
33	accruing from original construction and any subsequent
34	improvements, shall be evidenced to and certified by the board
35	of supervisors not later than June 1 of each year to the
36	property appraisers of counties in which lands of the district
37	are situated, and shall be extended by the county property
38	appraisers on the county tax rolls and collected by the tax
39	collectors in the same manner and time as county taxes, and the
40	proceeds therefrom shall be paid to said district. Provided,
41	nothing in this section shall prevent the board of supervisors
42	from apportioning maintenance taxes for the maintenance of the
43	district facilities equally to all benefited acres if the
44	district board determines that benefits are substantially equal
45	for benefited acreage throughout the district.Said tax shall be
46	a lien until paid on the property against which assessed and
47	enforceable in like manner as county taxes.
48	Section 2. Section 298.82, Florida Statutes, is created to
49	read:
50	298.82 Water control district liability.--Notwithstanding
51	the provisions of any general law or special act, this section
52	controls with respect to the liability of any water control
53	district created pursuant to this chapter or special act to
54	persons using the district’s lands, rights-of-way, works, or
55	easements for authorized, permitted, or licensed activities or
56	facilities, or outdoor recreational purposes.
57	(1) Except as provided in subsection (3), when a water
58	control district individually or jointly with another agency of
59	government authorizes, permits, or licenses activities or
60	facilities within district rights-of-way or works, or lands over
61	which a district has a legally established easement right,
62	thereby allowing access to or use of such lands, rights-of-way,
63	works, or easements for such purposes or for outdoor
64	recreational purposes, the district shall not be liable for
65	personal injury or damages caused by the negligent or willful
66	and intentional acts of a permittee or their invitees that may
67	occur as a result of carrying out the permitted activity or from
68	the use of such authorized, permitted, or licensed facilities.
69	(2) Other than as specified by subsection (3), when
70	district lands, rights-of-way, works, or easements are used or
71	accessed by the public for authorized, permitted, or licensed
72	activities for facilities or for outdoor recreational purposes,
73	the district does not by authorizing such use or access extend
74	any assurance that such lands, rights-of-way, works, or
75	easements are safe for any purpose; does not by such
76	authorization incur any duty of care toward a person who goes
77	onto such lands, rights-of-way, works, or easements; and is not
78	responsible for any injury to persons or property caused by a
79	negligent act or omission of a person who goes onto those lands,
80	rights-of-way, works, or easements.
81	(3) This section does not relieve any water control
82	district of any liability arising out of the acts or omissions
83	of its officers, employees, or agents that would otherwise exist
84	for negligent or deliberate, willful, or malicious injuries to a
85	person or property as provided by applicable law of this state.
86	This section does not create or increase the liability of a
87	district or any person beyond that which is authorized by s.
88	768.28.
89	(4) As used in this section, the term “outdoor
90	recreational purposes” includes activities such as, but not
91	limited to, horseback riding, hunting, fishing, bicycling,
92	swimming, boating, camping, picnicking, hiking, pleasure
93	driving, nature study, waterskiing, motorcycling, and visiting
94	historical, archeological, scenic, or scientific sites.
95	Section 3. This act shall take effect upon becoming a law.