HB 1389

1	A bill to be entitled
2	An act relating to water control districts; amending s.
3	298.22, F.S.; revising powers of the board of supervisors
4	to execute water control plans; amending s. 298.225, F.S.;
5	revising provisions for water control plan development and
6	amendment; clarifying the authority of certain districts
7	as exclusive providers of certain services and facilities;
8	amending s. 298.301, F.S.; revising water control plan
9	adoption procedures; amending s. 298.341, F.S.; revising
10	provisions for assessment liens; amending s. 298.77, F.S.;
11	providing for revision of the engineer's report pursuant
12	to an assessment readjustment; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (3) of section 298.22, Florida
18	Statutes, is amended to read:
19	298.22  Powers of supervisors.--The board of supervisors of
20	the district has full power and authority to construct,
21	complete, operate, maintain, repair, and replace any and all
22	works and improvements necessary to execute the water control
23	plan. Subject to the applicable provisions of chapter 373 or
24	chapter 403, the board of supervisors:
25	(3)  May build and construct any other works and
26	improvements deemed necessary to preserve and maintain the works
27	in or out of said district; acquire, construct, operate,
28	maintain, use, purchase, sell, lease, convey, or transfer real
29	or personal property, including or otherwise provide for pumping
30	stations, including pumping machinery, motive equipment,
31	electric lines and all appurtenant or auxiliary machines,
32	devices, or equipment.
33	Section 2.  Subsections (5) and (8) of section 298.225,
34	Florida Statutes, are amended to read:
35	298.225  Water control plan; plan development and
36	amendment.--
37	(5)  Before final adoption of the water control plan or
38	plan amendment under s. 298.301, the board of supervisors must
39	submit the proposed plan or amendment to the jurisdictional
40	water management district for review. Within 60 90 days after
41	receipt of the proposed water control plan or amendment, the
42	governing board of the jurisdictional water management district,
43	or the executive director or designee, if delegated, must review
44	the proposed plan or amendment for consistency with the
45	applicable water resource plans and policies and recommend to
46	the board of supervisors any proposed changes. If the
47	jurisdictional water management district determines that the
48	proposed plan or amendment is incomplete, it may notify the
49	water control district and request additional information. Upon
50	such request, the deadline for review may be extended as agreed
51	by the water control district and the jurisdictional water
52	management district. Within 60 days after receipt of the
53	applicable water management district's recommended changes, the
54	board of supervisors shall include the recommendations in the
55	water control plan or plan amendment to the extent practicable.
56	If the recommendations are not incorporated, the board of
57	supervisors must specify its reasons in the water control plan
58	or plan amendment adopted. A copy of the water control plan must
59	be filed with the jurisdictional water management district and
60	each local general purpose government within which all or a
61	portion of the district's lands are located. A district or its
62	designee located in a county with a biomedical research
63	institution and campus pursuant to s. 288.955 with an adopted
64	water control plan shall be the exclusive provider within the
65	district for services and facilities as authorized by this
66	chapter or special act and included in an adopted water control
67	plan.
68	(8)  If the preparation of a water control plan, engineer's
69	report, or amendments thereto amendment under this section do
70	does not result in revision of the district's current plan or
71	require the alteration or increase of any levy of assessments or
72	taxes beyond the maximum amount previously authorized by general
73	law, special law, or judicial proceeding, a change in the use of
74	said assessments or taxes, or substantial change to district
75	facilities, the provisions of s. 298.301(2)-(9) do not apply to
76	the plan adoption process. This section and s. 298.301 do not
77	apply to minor, insubstantial amendments to district plans or
78	engineer's reports, and such amendments or reports may be
79	adopted by resolution of the board of supervisors. Minor,
80	insubstantial amendments include amendments to the water control
81	plan which replace, relocate, reconstruct, or improve and
82	upgrade district facilities and operations consistent with the
83	adopted water control plan, but which do not require increasing
84	assessments beyond the maximum amount authorized by law, or
85	amendments to engineer's reports which do not increase the total
86	assessment of benefits.
87	Section 3.  Subsections (2), (6), and (8) of section
88	298.301, Florida Statutes, are amended to read:
89	298.301  District water control plan adoption; district
90	boundary modification; plan amendment; notice forms; objections;
91	hearings; assessments.--
92	(2)  Before adopting a water control plan or plan
93	amendment, the board of supervisors must adopt a resolution to
94	consider adoption of the proposed plan or plan amendment. As
95	soon as the resolution proposing the adoption or amendment of
96	the district's water control plan has been filed with the
97	district secretary, the board of supervisors shall give notice
98	of a public hearing on the proposed plan or plan amendment by
99	causing publication to be made once a week for 3 consecutive
100	weeks in a newspaper of general circulation published in each
101	county in which lands and other property described in the
102	resolution are situated. The notice must be in substantially the
103	following form:
104
105	Notice of Hearing
106
107	To the owners and all persons interested in the lands
108	corporate, and other property in and adjacent to the   name of
109	district   District.
110	You are notified that the   name of district   District has
111	filed in the office of the secretary of the district a
112	resolution to consider approval of a water control plan or an
113	amendment to the current water control plan to provide   here
114	insert a summary of the proposed water control plan or plan
115	amendment  . On or before its scheduled meeting of   (date and
116	time)   at the district's offices located at   (list address of
117	offices)   written objections to the proposed plan or plan
118	amendment may be filed at the district's offices. A public
119	hearing on the proposed plan or plan amendment will be conducted
120	at the scheduled meeting, and written objections will be
121	considered at that time. At the conclusion of the hearing, the
122	board of supervisors may determine to proceed with the process
123	for approval of the proposed plan or plan amendment and direct
124	the district engineer to prepare an engineer's report
125	identifying any property to be taken, determining benefits and
126	damages, and estimating the cost of implementing the
127	improvements associated with the proposed plan or plan
128	amendment. A final hearing on approval of the proposed plan or
129	plan amendment and engineer's report shall be duly noticed and
130	held at a regularly scheduled board of supervisors meeting at
131	least 25 days but no later than within 60 days after the last
132	scheduled publication of the notice of filing of the engineer's
133	report with the secretary of the district.
134
135	Date of first publication: __________,   (year)
136	_______________________________________________________
137
138	(Chair or President, Board of Supervisors)
139
140	____________________ County, Florida
141
142	(6)  Upon the filing of the engineer's report, the board of
143	supervisors shall give notice thereof by arranging the
144	publication of the notice of filing of the engineer's report
145	together with a geographical depiction of the district once a
146	week for 2 consecutive weeks in a newspaper of general
147	circulation in each county in the district. A location map or
148	legal description of the land shall constitute a geographical
149	depiction. The notice must be substantially as follows:
150
151	Notice of Filing Engineer's Report for
152	____________________ District
153
154	Notice is given to all persons interested in the following
155	described land and property in __________ County (or Counties),
156	Florida, viz.:   (Here describe land and property)   included
157	within the _______________ district that the engineer hereto
158	appointed to determine benefits and damages to the property and
159	lands situated in the district and to determine the estimated
160	cost of construction required by the water control plan, within
161	or without the limits of the district, under the proposed water
162	control plan or plan amendment, filed her or his report in the
163	office of the secretary of the district, located at   (list
164	address of district offices),   on the __________ day of
165	_______________,   (year)  , and you may examine the report and
166	file written objections with the secretary of the district to
167	all, or any part thereof, on or before   (enter date 20 days
168	after the last scheduled publication of this notice, which date
169	must be before the date of the final hearing)  . The report
170	recommends   (describe benefits and damages)  . A final hearing
171	to consider approval of the report and proposed water control
172	plan or plan amendment shall be held   (time, place, and date at
173	least 25 30 days but no later than 60 days after the last
174	scheduled publication of this notice)  .
175
176	Date of first publication: __________,   (year)
177	_______________________________________________________
178
179	(Chair or President, Board of Supervisors)
180
181	____________________ County, Florida
182
183	(8)  All objections and proposed revisions to the
184	engineer's report, water control plan, or plan amendment must be
185	heard and determined by the board of supervisors at the public
186	hearing so as to carry out liberally the purposes and needs of
187	the district. If the board of supervisors determines at the
188	final public hearing, upon examination of the engineer's report
189	and upon hearing all of the objections or proposed revisions,
190	that the estimated cost of construction of improvements
191	contemplated in the plan or plan amendment is less than the
192	benefits determined for the lands in the district, the board of
193	supervisors may approve and confirm the engineer's report and
194	water control plan or plan amendment; or but, if the board of
195	supervisors determines that any of the objections or proposed
196	revisions to the engineer's report, water control plan, or plan
197	amendment should be sustained or implemented, it shall order the
198	engineer's report and water control plan or plan amendment
199	changed to conform with its findings, and when changed, the
200	board of supervisors shall approve and confirm or disapprove, as
201	appropriate, the engineer's report and water control plan or
202	plan amendment and enter its order approving or disapproving, as
203	appropriate, the engineer's report and proposed water control
204	plan or plan amendment as so revised. When any land or other
205	property is shown by the engineer's report to be needed for
206	rights-of-way, or other works, the board of supervisors may
207	institute proceedings under chapter 73 or chapter 74 in the
208	circuit court of the proper county to condemn the lands and
209	other property that must be taken or damaged in the making of
210	improvements, with the right and privilege of paying into court
211	a sum to be fixed by the circuit court judge and of proceeding
212	with the work, before the assessment by the jury.
213	Section 4.  Section 298.341, Florida Statutes, is amended
214	to read:
215	298.341  When unpaid assessments delinquent; penalty.--All
216	non-ad valorem assessments provided for in this chapter become
217	delinquent and bear penalties on the amount of the assessments
218	in the same manner as county taxes. The assessments shall, from
219	January 1 of each year assessable property is liable for
220	district assessments, constitute a lien until paid on the
221	property against which assessed and are enforceable in the same
222	manner as county taxes.
223	Section 5.  Subsection (3) of section 298.77, Florida
224	Statutes, is amended to read:
225	298.77  Readjustment of assessments; procedure, notice,
226	hearings.--
227	(3)  Any interested person may file an answer to the
228	petition before the return day and, if so, shall be duly heard,
229	but, if not, the cause shall proceed ex parte. Upon the hearing
230	of the petition, if the board shall find that there has been a
231	material change in the values of the lands in the district since
232	the last previous assessment of benefits, contributed to by the
233	drainage system, and that the other material allegations of the
234	petition herein required to be set forth are substantially true,
235	the board of supervisors shall order that there be made a
236	readjustment of the assessment of benefits for the purpose of
237	providing a basis upon which to levy further and future taxes
238	for the payment of the obligations of, and maintaining the
239	drainage system in, the district, and shall order the engineer's
240	report to be revised accordingly. Thereupon, the board of
241	supervisors shall proceed pursuant to s. 298.301 to make such
242	readjustment of assessment of benefits to each piece or parcel
243	of land which has accrued or will accrue as a result of the
244	drainage system. Provided, in making the readjustment of the
245	assessment of benefits, the board of supervisors shall not
246	increase the existing assessment, or unpaid portion thereof, on
247	any piece or parcel of land; provided, further, that after the
248	making of such readjustment, the limitation of 10 percent of the
249	annual maintenance tax which may be levied shall apply to the
250	amount of benefits as readjusted.
251	Section 6.  This act shall take effect upon becoming law.

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