Bill Text: FL H1351 | 2011 | Regular Session | Introduced

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Bill Title: South Broward Drainage District, Broward County

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1005 [H1351 Detail]

Download: Florida-2011-H1351-Introduced.html

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HB 1351

1	A bill to be entitled
2	An act relating to the South Broward Drainage District,
3	Broward County; amending chapter 98-524, Laws of Florida,
4	as amended; revising and providing definitions; conforming
5	terminology; deleting and updating obsolete provisions;
6	revising inconsistent provisions; revising the method of
7	deciding elections of commissioners in the event of a tie
8	vote; clarifying language relating to the imposition of
9	district assessments and taxes; clarifying the type of
10	property subject to district rules, criteria, and
11	regulations; authorizing the board to take appropriate
12	action as may be required of the district by another
13	governmental agency; requiring the district to take
14	designated water control elevations into consideration for
15	all projects within the district; authorizing the
16	treasurer, rather than the secretary, of the board to be
17	involved in the preparation of the district's budget;
18	clarifying procedures relating to special assessments;
19	authorizing the treasurer to prepare the district tax
20	record; requiring the district to prepare plans,
21	specifications, and estimates for improvements;
22	authorizing the district director to implement certain
23	activities and receive documents relating to special
24	assessments; conforming cross-references; prohibiting
25	obstruction, damage, or destruction of district facilities
26	and noncompliance with the district's 5-year
27	recertification program rules, criteria, or regulations;
28	clarifying applicability; providing severability;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Subsections (1) and (10) of section 9,
34	subsection (6) of section 10, and sections 13, 19, 21, 22, 23,
35	41, and 42 of section 2 of chapter 98-524, Laws of Florida, as
36	amended by chapters 2004-459 and 2007-308, Laws of Florida, are
37	amended, and subsection (14) is added to section 9 of that
38	section, to read:
39	Section 9.  Definitions.-
40	(1)  "Assessable improvements" includes, without
41	limitation, any and all drainage, and land, and water management
42	reclamation works and facilities, sewer systems, storm sewers
43	and drains, water systems, streets, roads, or other projects of
44	the district, or that portion or portions thereof, local in
45	nature and of special benefit to the premises or lands served
46	thereby, and any and all modifications, improvements, and
47	enlargements thereof.
48	(10)  "Drainage and water management reclamation
49	facilities" means any canals, ditches, water management areas,
50	or other drainage facilities, reservoirs, dams, levees,
51	sluiceways, dredging, holding basins, floodways, pumping
52	stations, or any other works, structures, or facilities for the
53	conservation, control, development, utilization, management, and
54	disposal of water, and any purposes appurtenant, necessary, or
55	incidental thereto, and includes all real and personal property
56	and any interest therein, rights, easements, and franchises of
57	any nature relating to any such drainage and water management
58	reclamation facilities or necessary or convenient for the
59	acquisition, construction, reconstruction, operation, or
60	maintenance thereof. The terms "drainage" and "water management"
61	shall be used interchangeably and shall mean the conservation,
62	control, utilization, management, collection, disposal,
63	conveyance, flowage, storage, detention, retention, absorption,
64	run-off, pumping, and discharge of water or stormwater and any
65	purposes appurtenant, necessary, or incidental thereto. This
66	definition shall in no way be deemed to expand or reduce the
67	district's powers.
68	(14)  "Five-year recertification program" means the
69	district's program that requires the district's 5-year surface
70	water management operation and maintenance permit for drainage
71	facilities to be renewed at the end of every 5 years by the
72	permittee or landowner and that requires that the permitted
73	surface water management and drainage system is operational and
74	complies with the district's rules, regulations, and criteria.
75	Section 10.  Board of commissioners; election;
76	organization; terms of office; benefits; quorum; report and
77	minutes.-
78	(6)  Except as stated in this act, the board shall be
79	composed of seven members as follows:
80	(a)  In the general election of November 2008 and in the
81	November general election of every 4th year thereafter, one
82	commissioner shall be elected from Zone 1, one commissioner
83	shall be elected from Zone 3, and one commissioner shall be
84	elected from Zone 6. The commissioners elected in November 2008
85	shall serve until their terms expire in November 2012.
86	(b)  In the general election of November 2010, and in the
87	November general election of every 4th fourth year thereafter,
88	one commissioner shall be elected from Zone 2, one commissioner
89	shall be elected from Zone 4, one commissioner shall be elected
90	from Zone 5, and one commissioner shall be elected from Zone 7.
91	The commissioners elected in November 2010 shall serve until
92	their terms expire in November 2014.
93	(c)  If only one candidate qualifies for an office, that
94	candidate shall be deemed elected. If two or more candidates
95	qualify for an office, the names of those candidates shall be
96	placed on the ballot for the designated November general
97	election.
98	(d)  The candidate receiving the highest number of votes
99	cast for the office of commissioner for each respective zone at
100	each respective election shall be declared elected to such
101	office. If the vote results in a tie, the outcome shall be
102	determined by the drawing of a card from a standard unopened
103	sealed deck of 52 cards provided by the district director. The
104	candidate drawing the highest card shall be declared elected to
105	such office lot.
106	(e)  Commissioners elected or reelected shall be inducted
107	into office at the first regularly scheduled meeting of the
108	board following certification of the election.
109	Section 13.  Powers.-The district shall have, and the board
110	may exercise, any or all the following powers:
111	(1)  To contract and be contracted with; to sue and be sued
112	in the name of the district; to adopt and use a seal; to
113	acquire, by purchase, gift, devise, condemnation, eminent
114	domain, or otherwise, property, real or personal, or any estate
115	therein, within or without the district, to be used for any
116	purpose necessary or to meet the needs of any of the purposes of
117	this act.
118	(2)  To establish, construct, operate, and maintain a
119	system of main and lateral canals, drains, ditches, levees,
120	dikes, dams, sluices, locks, revetments, reservoirs, holding
121	basins, floodways, pumping stations, syphons, culverts, and
122	storm sewers, and to connect some or any of them as within the
123	judgment of the board is deemed advisable to drain and provide
124	water management services for reclaim the lands within the
125	district.
126	(3)  To acquire and maintain appropriate sites for storage
127	and maintenance of the equipment of the district; and to acquire
128	and maintain and construct a suitable building to house the
129	office and records of the district.
130	(4)  To clean out, straighten, widen, open up, or change
131	the course and flow, alter, or deepen any canal, ditch, drain,
132	river, water course, or natural stream as within the judgment of
133	the board is deemed advisable to drain and provide water
134	management services for reclaim the lands within the district;
135	to acquire, purchase, operate, and maintain pumps, plants, and
136	pumping systems for drainage purposes; and to construct,
137	operate, and maintain irrigation works and machinery in
138	connection with the purposes herein set forth.
139	(5)  To regulate and set forth by appropriate resolution
140	the drainage and water management requirements and conditions to
141	be met for the land within the district and for plats to be
142	entitled to record on any land within the district, including
143	authority to require as a condition precedent for any platting,
144	that good and sufficient bond be posted to assure proper
145	drainage and water management for the area to be platted.
146	(6)  To borrow money and issue bonds, certificates,
147	warrants, notes, or other evidences of indebtedness of the
148	district as hereinafter provided.
149	(7)  To build and construct any other works and
150	improvements deemed necessary to preserve and maintain the works
151	in or out of the district; to acquire, construct, operate,
152	maintain, use, sell, convey, transfer, or otherwise provide for
153	machines and equipment for drainage and water management
154	reclamation purposes; and to contract for the purchase,
155	construction, operation, maintenance, use, sale, conveyance, and
156	transfer of the said machinery and equipment.
157	(8)  To construct or enlarge, or cause to be constructed or
158	enlarged, any and all bridges or culverts that may be needed in
159	or out of the district, across any drain, ditch, canal,
160	floodway, holding basin, excavation, public highway, railroad
161	right-of-way, easement, reservation, tract, grade, fill, or cut;
162	to construct roadways over levees and embankments; to construct
163	any and all of said works and improvements across, through, or
164	over any drain, ditch, canal, floodway, holding basin,
165	excavation, public highway, railroad right-of-way, easement,
166	reservation, track, grade, fill, or cut in or out of the
167	district; and to remove any fence, building, or other
168	improvements, in or out of the district for purposes of drainage
169	and water management reclamation.
170	(9)  To hold, control, and acquire by donation, purchase,
171	or condemnation, any easement, reservation, or dedication in or
172	out of the district, for any of the purposes herein provided. To
173	condemn or acquire, by purchase or grant or by exercise of the
174	right of eminent domain, for use in the district, any land or
175	property within or without the district and acquire or condemn
176	any other property within or without the district. To exercise
177	the right of eminent domain as provided by chapters 73 and 74,
178	Florida Statutes.
179	(10)  To assess and impose upon all of the lands in the
180	district an annual assessment or drainage tax, an administrative
181	tax, and a maintenance tax as hereinafter provided on all
182	assessable property within the district for the purposes as
183	herein provided.
184	(11)  To impose and foreclose special assessment liens as
185	hereinafter provided.
186	(12)  To prohibit, regulate, and restrict by appropriate
187	resolution all structures, materials, and things, whether solid,
188	liquid, or gas, whether permanent or temporary in nature, which
189	come upon, come into, connect to, or be a part of any of the
190	main or lateral drains, ditches, canals, levees, dikes, dams,
191	sluices, revetments, reservoirs, holding basins, floodways,
192	pumping stations, and syphons which may have been heretofore
193	created or may hereafter be created or hereafter constructed,
194	and if deemed necessary, to take appropriate action as may be
195	required of the district by another governmental agency having
196	jurisdiction over the district. Notwithstanding the above, the
197	district's designated water control elevations shall be
198	maintained in accordance with the terms of the district's South
199	Florida Water Management District permits and any agreements
200	that may be entered into between the district, South Florida
201	Water Management District, and any other governmental entity.
202	When reviewing all submitted permit applications, including, but
203	not limited to, all district projects, the district shall take
204	into consideration the water control elevations in the design,
205	construction, and maintenance of all drainage and water
206	management facilities such that the design, construction, and
207	maintenance within the district will not adversely impact the
208	designated water control elevations.
209	(13)  To administer and provide for the enforcement of all
210	of the provisions herein, including the making, adopting,
211	promulgating, amending, and repealing of all rules, criteria,
212	and regulations necessary or convenient for the carrying out of
213	the duties, obligations, and powers conferred on the district
214	created herein.
215	(14)  To cooperate with or contract with other drainage
216	districts or other governmental agencies as may be necessary,
217	convenient, incidental, or proper in connection with any of the
218	powers, duties, or purposes of the district as stated in this
219	act.
220	(15)  To employ engineers, attorneys, agents, employees,
221	and representatives as the board of commissioners may from time
222	to time determine necessary and to fix their compensation and
223	duties.
224	(16)  To exercise all of the powers necessary, convenient,
225	incidental, or proper in connection with any of the powers,
226	duties, or purposes of said district as stated in this act.
227	(17)  To construct, improve, and maintain roadways and
228	roads necessary and convenient to provide access to and
229	efficient development of areas made suitable and available for
230	cultivation, settlement, urban subdivision, homesites, and other
231	beneficial developments as a result of the drainage and water
232	management operations of the district.
233	(18)  To make use of any dedication to public use, or
234	platted and dedicated easements, or reservations within or
235	without the boundaries of the district.
236	(19)  To exercise any and all other powers conferred upon
237	drainage and water control districts by chapter 298, Florida
238	Statutes, including, but not limited to, the power to acquire
239	and construct drainage and water management improvements, to
240	issue bonds to pay the cost thereof, and to levy and collect
241	assessments and drainage taxes upon lands benefited by the
242	improvements.
243	Section 19.  Annual budget.-Prior to the end of each fiscal
244	year after this act is effective, the treasurer of the board or
245	the secretary or director of the district shall prepare a
246	proposed budget to be submitted to the board for approval. The
247	proposed budget shall include an estimate of all necessary
248	expenditures of the district for the next ensuing fiscal year
249	and an estimate of income to the district from the taxes and
250	assessments provided in this act. The board shall consider the
251	proposed budget item by item and may either approve the budget
252	as proposed by the treasurer or secretary or director or modify
253	the same in part or in whole. The board shall indicate their
254	approval of the budget by resolution, which resolution shall
255	provide for a hearing on the budget as approved. Notice of the
256	hearing on the budget shall be published in a newspaper of
257	general circulation in Broward County once a week for 2
258	consecutive weeks, provided that the second publication shall
259	not be less than 7 days after the first publication. The notice
260	shall be directed to all landowners in the district and shall
261	state the purpose of the meeting. The notice shall further
262	contain a designation of the date, time, and place of the public
263	hearing, which shall be not less than 7 days after the second
264	publication. At the time and place designated in the notice, the
265	board shall hear all objections to the budget as proposed, and
266	make such changes as the board deems necessary. At the
267	conclusion of the budget hearing the board shall, by resolution,
268	adopt the budget as finally approved by the board.
269	Section 21.  Water control plan of reclamation; proceedings
270	thereon.-The district's water control plan for the drainage and
271	water management reclamation of lands which is in effect prior
272	to the effective date of this act shall remain in full force and
273	effect after the effective date of this act.
274	Section 22.  Adoption, revision, and revocation of water
275	control plan of reclamation.-In addition to and not in
276	limitation of its power to provide for and adopt a water control
277	plan of reclamation provided in section 21 and under chapter
278	298, Florida Statutes, and amendments thereto, the board may at
279	any time and from time to time adopt, revoke, or modify, in
280	whole or in part, any water control plan of reclamation or any
281	plan providing for the drainage and water management of lands
282	within the district, and may provide for such new and additional
283	drainage and water management facilities, canals, ditches,
284	levees, and other works as the board may determine. In
285	connection with the revision of any water control plan of
286	reclamation or the providing of any new or additional drainage
287	and water management facilities, canals, ditches, levees, or
288	other works, or in the event that the total taxes and
289	assessments theretofore levied or the funds derived from the
290	sale of bonds are insufficient to pay the cost of any drainage
291	or water management works, benefits may be reassessed,
292	additional assessments made, and taxes levied in accordance with
293	the procedures provided in this act or in chapter 298, Florida
294	Statutes. The board may at any time approve and make effective
295	technical changes or modifications in any water control plan of
296	reclamation or drainage not affecting assessed benefits, levy of
297	taxes, or the security of bondholders.
298	Section 23.  Assessing land for drainage and water
299	management reclamation; apportionment of tax; drainage tax
300	record.-The board shall, without any unnecessary delay, levy a
301	tax of such portion of benefits of the district's water control
302	plan of reclamation on all lands in the district to which
303	benefits have been assessed, as may be found necessary by the
304	board to pay the costs of the completion of the proposed works
305	and water management and drainage improvements, as shown in said
306	water control plan of reclamation and in carrying out the
307	objectives objects of said district; and, in addition thereto,
308	10 percent of said total amount for emergencies. The said tax
309	shall be apportioned to, and levied on, each tract or parcel of
310	land in said district in proportion to the benefits assessed,
311	and not in excess thereof; and in case bonds are issued, as
312	provided in this act, a tax shall be levied in a sum not less
313	than an amount 90 percent of which shall be equal to the
314	principal of said bonds. The amount of bonds to be issued for
315	paying the cost of the works as set forth in the water control
316	plan of reclamation shall be ascertained and determined by the
317	board; however, the total amount of all bonds to be issued by
318	the district shall in no case exceed 90 percent of the benefits
319	assessed upon the lands of the district. The amount of the
320	interest, as estimated by said board, which will accrue on such
321	bonds, shall be included and added to the said tax, but the
322	interest to accrue on account of the issuing of said bonds shall
323	not be construed as a part of the costs of construction in
324	determining whether or not the expenses and costs of making said
325	improvements are equal to, or in excess of, the benefits
326	assessed. The secretary or treasurer of the board, or the
327	director, as soon as said total tax is levied, shall, at the
328	expense of the district, prepare a list of all taxes taxies
329	levied, in the form of a well bound book, which book shall be
330	endorsed and named "DRAINAGE TAX RECORD OF SOUTH BROWARD
331	DRAINAGE DISTRICT, BROWARD COUNTY, FLORIDA," which endorsement
332	shall be printed or written at the top of each page in said
333	book, and shall be signed and certified by the chairperson and
334	secretary or treasurer of the board, attested by affixing the
335	seal of the district, and the same shall thereafter become a
336	permanent record in the office of said secretary, treasurer, or
337	director. In the alternative, so long as the Broward County
338	property appraiser or revenue collector assesses and collects
339	the taxes and assessments authorized by this section, the
340	records of the Broward County property appraiser shall satisfy
341	the requirements of the drainage tax record of the district.
342	Section 41.  Operation and Administrative, maintenance, and
343	operations tax.-To carry on the business of the district and to
344	pay the administrative, maintenance, and operational costs
345	thereof and in addition to any other tax or assessment
346	authorized to be levied, the district is authorized to levy a
347	tax on all the lands within the district as determined by the
348	board for said purpose. This tax shall be a lien until paid on
349	the property against which assessed and enforceable in like
350	manner as county taxes. The amount of the tax shall be
351	determined by the board based upon a report of the secretary or
352	treasurer of the board or the director and assessed by the board
353	upon such lands, which may be all of the lands within the
354	district. This tax shall be evidenced to and certified by the
355	board each year to the property appraiser and shall be entered
356	by the property appraiser on the county tax rolls and shall be
357	collected by the revenue collector in the same manner and time
358	as county taxes and the proceeds therefrom paid to the district.
359	Section 42.  Maintenance tax.-To maintain and preserve the
360	drainage improvements of the district, a maintenance tax shall
361	be evidenced to and certified by the board each year to the
362	property appraiser and shall be entered by the property
363	appraiser on the county tax rolls and shall, be collected by the
364	revenue collector in the same manner and time as county taxes
365	and the proceeds therefrom paid to the district. The tax shall
366	be a lien until paid on the property against which assessed and
367	enforceable in like manner as county taxes. The amount of said
368	maintenance tax shall be determined by the board based upon a
369	report of the chief engineer or director and assessed by the
370	board upon such lands, which may be all of the lands within the
371	district, benefited by the maintenance thereof.
372	Section 2.  Sections 43 through 74 of section 2 of chapter
373	98-524, Laws of Florida, as amended by chapter 2007-308, Laws of
374	Florida, are renumbered as sections 42 through 73, respectively,
375	present section 45, subsection (1) of present section 46,
376	subsection (1) of present section 49, present sections 50, 52,
377	55, and 58, subsection (2) of present section 59, and present
378	sections 64, 65, 68, 70, and 72 are amended, and subsection (4)
379	is added to present section 62 of that section, to read:
380	Section 44 45.  Special assessments.-The board may provide
381	for the construction or reconstruction of assessable
382	improvements as defined in section 9, and for the levying of
383	special assessments upon benefited property for the payment
384	thereof, under provisions of this section. Such special
385	assessments may be levied and assessed in either of the
386	alternate methods provided in subsections (2) and (3), and
387	except for such procedure, all the other provisions of this
388	section and this act shall apply to levy of such special
389	assessments under either subsection (2) or subsection (3).
390	(1)  The initial proceeding under subsection (2) or
391	subsection (3) shall be the passage by the board of a resolution
392	ordering the construction or reconstruction of such assessable
393	improvements, indicating the location by terminal points and
394	routes and either giving a description of the improvements by
395	its material, nature, character, and size or giving two or more
396	descriptions with the directions that the material, nature,
397	character, and size shall be subsequently determined in
398	conformity with one of such descriptions. Drainage improvements
399	need not be continuous and may be in more than one locality. The
400	resolution ordering any such improvement may give any short and
401	convenient designation to each improvement ordered thereby, and
402	the property against which assessments are to be made for the
403	cost of such improvement may give any short and convenient
404	designation to each improvement ordered thereby, and the
405	property against which assessments are to be made for the cost
406	of such improvement may be designated as an assessment district,
407	followed by a letter or number or name to distinguish it from
408	other assessment districts, after which it shall be sufficient
409	to refer to such improvement and property by such designation in
410	all proceedings and assessments, except in the notices required
411	by this section. As soon as possible after the passage of such
412	resolution, the engineer for the district shall prepare, in
413	duplicate, plans and specifications for each improvement ordered
414	thereby and an estimate of the cost thereof. Such cost shall
415	include, in addition to the items of cost as defined in this
416	act, the cost of relaying streets and sidewalks necessarily torn
417	up or damaged and the following items of incidental expenses:
418	(a)  Printing and publishing notices and proceedings.
419	(b)  Costs of abstracts of title.
420	(c)  Any other expense necessary or proper in conducting
421	the proceedings and work provided for in this section, including
422	the estimated amount of discount, if any, financial expenses
423	upon the sale of assessment bonds or any other obligations
424	issued hereunder for which such special assessment bonds or any
425	other obligations issued hereunder for which such special
426	assessments are to be pledged, and interest prior to and until
427	not more than 2 years after the completion of said assessable
428	improvements. If the resolution shall provide alternative
429	descriptions of material, nature, character, and size, such
430	estimate shall include an estimate of the cost of the
431	improvement of each such description.
432
433	The district engineer shall next prepare, in duplicate, a
434	tentative apportionment of the estimated total cost of the
435	improvement as between the district and each lot or parcel of
436	land subject to special assessment under the resolution, such
437	apportionment to be made in accordance with the provisions of
438	the resolution and in relation to apportionment of cost provided
439	herein for the preliminary assessment roll. Such tentative
440	apportionment of total estimated cost shall not be held to limit
441	or restrict the duties of the director engineer in the
442	preparation of such preliminary assessment roll under subsection
443	(2). One of the duplicates of such plans, specifications, and
444	estimates and such tentative apportionment shall be filed with
445	the secretary of the board and the other duplicate shall be
446	retained by the director engineer in his or her files, all
447	thereof to remain open to public inspection.
448	(2)(a)  If the special assessments are to be levied under
449	this subsection, the secretary of the board, or the director,
450	upon the filing with the secretary of such plans,
451	specifications, estimates, and tentative apportionment of cost,
452	shall publish once in a newspaper published in the county where
453	the benefited land is located and of general circulation in the
454	county, a notice stating that at a meeting of the board on a
455	certain day and hour, not earlier than 15 days from such
456	publication, the board will hear objections of all interested
457	persons to the confirmation of such resolution, which notice
458	shall state in brief and general terms a description of the
459	proposed assessable improvements with the location thereof, and
460	shall also state that plans, specifications, estimates, and
461	tentative apportionment of cost thereof are on file with the
462	secretary of the board or the director. A copy of the notice
463	shall be mailed to the landowners of the land to be benefited by
464	construction of the assessable improvements improvement. The
465	landowners shall be determined by reference to the last
466	available tax roll of Broward County. The secretary of the board
467	or the director shall keep a record in which shall be inscribed,
468	at the request of any person, firm, or corporation having or
469	claiming to have any interest in any lot or parcel of land, the
470	name and post office address of such person, firm, or
471	corporation, together with a brief description or designation of
472	such lot or parcel, and it shall be the duty of the secretary of
473	the board or the director to mail a copy of such notice to such
474	person, firm, or corporation at such address at least 10 days
475	before the time for the hearing as stated in such notice, but
476	the failure of the secretary of the board or the director to
477	keep such record or so to inscribe any name or address or to
478	mail any such notice shall not constitute a valid objection to
479	holding the hearing as provided in this section or to any other
480	action taken under the authority of this section.
481	(b)  At the time named in such notice, or to which an
482	adjournment may be taken by the board, the board shall receive
483	any objections of interested persons and may then or thereafter
484	repeal or confirm such resolution with such amendments, if any,
485	as may be desired by the board and which do not cause any
486	additional property to be specially assessed.
487	(c)  All objections to any such resolution on the ground
488	that it contains items which cannot be properly assessed against
489	property, or that it is, for any default or defect in the
490	passage or character of the resolution or the plans or
491	specifications or estimate, void or voidable in whole or in
492	part, or that it exceeds the power of the board, shall be made
493	in writing, in person or by attorney, and filed with the
494	secretary of the board or the director at or before the time or
495	adjourned time of such hearing. Any objections against the
496	making of any assessable improvements not so made shall be
497	considered as waived, and, if any objections shall be made and
498	overruled or shall not be sustained, the confirmation of the
499	resolution shall be the final adjudication of the issue
500	presented unless proper steps shall be taken in a court of
501	competent jurisdiction to secure relief within 20 days.
502	(d)  Whenever any resolution providing for the construction
503	or reconstruction of assessable improvements and for the levying
504	of special assessments upon benefited property for the payment
505	thereof has been confirmed, and the special assessments are
506	levied under this subsection, or at any time thereafter, the
507	board may issue assessment bonds payable out of such assessments
508	when collected. Such bonds shall mature not later than 2 years
509	after the maturity of the last annual installment in which the
510	special assessments may be paid, as provided in subsection (4),
511	and shall bear interest as provided by section 31. Such
512	assessment bonds shall be executed, shall have such provisions
513	for redemption prior to maturity, and shall be sold in the
514	manner and be subject to all of the applicable provisions
515	contained in this act applicable to other bonds, except as the
516	same are inconsistent with the provisions of this section. The
517	amount of such assessment bonds for any assessable improvement,
518	prior to the confirmation of the preliminary assessment roll
519	provided for in this subsection shall not exceed the estimated
520	amount of the cost of such assessable improvements which are to
521	be specially assessed against the lands and real estate referred
522	to in this section.
523	(e)  After the passage of the resolution authorizing the
524	construction or reconstruction of assessable improvements has
525	been confirmed where special assessments are levied under this
526	subsection or after the final confirmation of the assessment
527	roll where such assessments are levied under subsection (3), the
528	board may publish at least once in a newspaper published and of
529	general circulation in the county where the benefited land is
530	located, a notice calling for sealed bids to be received by the
531	board on a date not earlier than 15 days after the first
532	publication for the construction of the work, unless in the
533	initial resolution the board has declared its intention to have
534	the work done by district forces without contract. The notice
535	shall refer in general terms to the extent and nature of the
536	improvements and may identify the same by the short designation
537	indicated in the initial resolution and by reference to the
538	plans and specifications on file. If the initial resolution has
539	given two or more alternative descriptions of the assessable
540	improvements as to its material, nature, character, and size,
541	and, if the board has not theretofore determined upon a definite
542	description, the notice shall call for bids upon each of such
543	descriptions. Bids may be requested for the work as a whole or
544	for any part thereof separately and bids may be asked for any
545	one or more of such assessable improvements authorized by the
546	same or different resolutions, but any bid covering work upon
547	more than one improvement shall be in such form as to permit a
548	separation of cost as to each improvement. The notice shall
549	require bidders to file with their bids either a certified check
550	drawn upon an incorporated bank or trust company in such amount
551	or percentage of their respective bids, as the board deems
552	advisable, or a bid bond in like amount with corporate surety
553	satisfactory to the board to ensure the execution of a contract
554	to carry out the work in accordance with such plans and
555	specifications and ensure the filing, at the making of such
556	contract, of a bond in the amount of the contract price with
557	corporate surety satisfactory to the board conditioned for the
558	performance of the work in accordance with such contract. The
559	board shall have the right to reject any or all bids, and, if
560	all bids are rejected, the board may readvertise or may
561	determine to do the work by the district forces without
562	contract.
563	(f)  Promptly after the completion of the work, in the case
564	of special assessments levied under this subsection, the
565	director, or his or her designee engineer for the district, who
566	is hereby designated as the official of the district to make the
567	preliminary assessment of benefits from assessable improvements,
568	shall prepare a preliminary assessment roll and file the same
569	with the secretary of the board which roll shall contain the
570	following:
571	1.  A description of abutting lots and parcels of land or
572	lands which will benefit from such assessable improvements and
573	the amount of such benefits to each such lot or parcel of land.
574	There shall also be given the name of the owner of record of
575	each lot or parcel, where practicable, and, in all cases, there
576	shall be given a statement of the method of assessment used by
577	the engineer for determining the benefits.
578	2.  The total cost of the improvements and the amount of
579	incidental expense.
580	(g)  The preliminary roll shall be advisory only and shall
581	be subject to the action of the board as hereafter provided.
582	Upon the filing with the secretary of the board or the director
583	of the preliminary assessment roll, the secretary of the board
584	or the director shall publish at least once in a newspaper
585	published and of general circulation in the county where the
586	benefited land is located, a notice stating that at a meeting of
587	the board to be held on a certain day and hour, not less than 15
588	days after the date of such publication, which meeting may be a
589	regular, adjourned, or special meeting, all interested persons
590	may appear and file written objections to the confirmation of
591	such roll. Such notice shall state the class of the assessable
592	improvements and the location thereof by terminal points and
593	route.
594	(h)  At the time and place stated in such notice the board
595	shall meet and receive the objections in writing of all
596	interested persons as stated in such notice. The board may
597	adjourn the hearing from time to time. After the completion
598	thereof the board shall either annul or sustain or modify in
599	whole or in part the prima facie assessment as indicated on such
600	roll, either by confirming the prima facie assessment against
601	any or all lots or parcels described therein or by canceling,
602	increasing, or reducing the same, according to the special
603	benefits which the board decides each lot or parcel has received
604	or will receive on account of such improvement. If any property
605	which may be chargeable under this section has been omitted from
606	the preliminary roll or if the prima facie assessment has not
607	been made against it, the board may place on such roll an
608	apportionment to such property. The board shall not confirm any
609	assessment in excess of the special benefits to the property
610	assessed, and the assessments so confirmed shall be in
611	proportion to the special benefits. Forthwith after such
612	confirmation such assessment roll shall be delivered to the
613	secretary of the board or the director. The assessment so made
614	shall be final and conclusive as to each lot or parcel assessed
615	unless proper steps be taken within 30 days in a court of
616	competent jurisdiction to secure relief. If the assessment
617	against any property shall be sustained or reduced or abated by
618	the court, the secretary of the board or the director shall note
619	that fact on the assessment roll opposite the description of the
620	property affected thereby. The amount of the special assessment
621	against any lot or parcel which may be abated by the court,
622	unless the assessment upon all benefited property be abated, or
623	the amount by which such assessment is so reduced, may, by
624	resolution of the board, be made chargeable against the district
625	at large; or, at the discretion of the board, a new assessment
626	roll may be prepared and confirmed in the manner herein provided
627	for the preparation and confirmation of the original assessment
628	roll.
629	(i)  Pending the final confirmation of such special
630	assessments in the manner provided in this subsection, the
631	district shall have a lien on all such lands and real estate
632	after the passage of the initial resolution, subject, however,
633	to the final confirmation thereof in the manner provided in this
634	subsection.
635	(3)(a)  The district engineer, under the procedure provided
636	for in this subsection shall next, after passage of the initial
637	resolution and filing of the plans and estimates of cost by the
638	district engineer, prepare an assessment roll for the district
639	in duplicate, which assessment roll shall contain an
640	apportionment of the estimated total cost of the improvement as
641	between the district and each lot or parcel of land subject to
642	the special assessment under the initial resolution, such
643	apportionment to be made in accordance with the provisions of
644	the initial resolution. One of the duplicates of said assessment
645	roll shall be filed with the secretary of the board and the
646	other duplicate shall be retained by the director district
647	engineer in his or her files, all thereof to remain open to
648	public inspection.
649	(b)  Upon the completion and filing of said assessment
650	roll, the secretary of to the board or the director shall cause
651	a copy thereof to be published once in a newspaper published in
652	the county where the benefited land is located and of general
653	circulation in the county, together with a notice directed to
654	all property owners interested in the special assessments
655	stating that at a meeting of the board on a certain day and
656	hour, not earlier than 15 days after such publication, the board
657	sitting as an equalizing board, will hear objections of all
658	interested persons to the final confirmation of such assessment
659	roll, and will finally confirm such assessment roll or take such
660	action relative thereto as it deems necessary and advisable. A
661	copy of the notice shall be mailed to the landowners of the land
662	to be benefited by construction of the assessable improvements
663	improvement. The landowners shall be determined by reference to
664	the last available tax roll of Broward County. The secretary of
665	the board or the director shall keep a record in which shall be
666	inscribed, at the request of any person, firm, or corporation
667	having or claiming to have any interest in any lot or parcel of
668	land, the name and post office address of such each person,
669	firm, or corporation, together with a brief description or
670	designation of such lot or parcel, and it shall be the duty of
671	the secretary of the board or the director to mail a copy of
672	such notice to such person, firm, or corporation at such address
673	at least 10 days before the time for the hearing as stated in
674	such notice, but the failure of the secretary of the board or
675	the director to keep such record or so to inscribe any name or
676	address or to mail any such notice shall not constitute a valid
677	objection to holding the hearing as provided in this section or
678	to any other action taken under the authority of this section.
679	(c)  At the time and place named in the notice provided for
680	in paragraph (b), the board shall meet as an equalizing board to
681	hear and consider any and all complaints as to the special
682	assessments, and shall adjust and equalize the special
683	assessments on a basis of justice and right, and, when so
684	equalized and approved, such special assessment shall stand
685	confirmed and remain legal, valid, and binding liens upon the
686	properties upon which such special assessments are made, until
687	paid in accordance with the provisions of this act. However,
688	upon the completion of the improvements, if the actual cost of
689	the assessable improvements is less than the amount of such
690	special assessments levied, the district shall rebate to the
691	owners of any properties which shall have been specially
692	assessed for the assessable improvements the difference in the
693	special assessments as originally made, levied, and confirmed,
694	and the proportionate part of the actual cost of said assessable
695	improvements as finally determined upon the completion of said
696	assessable improvements. In the event that the actual cost of
697	said assessable improvements shall be more than the amount of
698	the special assessments confirmed, levied, and as finally
699	determined upon the completion of said assessable improvements,
700	the proportionate part of such excess cost of such assessable
701	improvements may be levied against all of the lands and
702	properties against which such special assessments were
703	originally levied, or, in the alternative, the board may, in its
704	discretion, pay such excess cost from any legally available
705	funds.
706	(d)  All objections to any such assessment roll on the
707	ground that it contains items which cannot be properly assessed
708	against property, or that it is, for any default or defect in
709	the passage or character of the assessment roll or the plans or
710	specifications or estimate, void or voidable in whole or in
711	part, or that it exceeds the power of the board, shall be made
712	in writing, in person or by attorney, and filed with the
713	secretary of the board or the director at or before the time or
714	adjourned time of such hearing on the assessment roll. Any
715	objections against the making of any assessable improvements not
716	so made shall be considered as waived, and, if any objections
717	shall be made and overruled or shall not be sustained, the
718	confirmation of the assessment roll shall be the final
719	adjudication of the issue presented unless proper steps are
720	taken in a court of competent jurisdiction to secure relief
721	within 20 days.
722	(e)  All the provisions of subsection (2) not inconsistent
723	with this subsection shall apply to the levy of special
724	assessments under this subsection.
725	(4)(a)  Any assessment may be paid at the office of the
726	secretary of the board or the director within 60 days after the
727	confirmation thereof, without interest. Thereafter all
728	assessments shall be payable in equal installments, with
729	interest as provided by section 31 from the expiration of the 60
730	days in each of the succeeding number of years which the board
731	shall determine by resolution, not exceeding 20. However, the
732	board may provide that any assessment may be paid at any time
733	before due, together with interest accrued thereon to the date
734	of payment, if such prior payment shall be permitted by the
735	proceedings authorizing any assessment bonds or other
736	obligations for the payment of which such special assessments
737	have been pledged.
738	(b)  All such special assessments levied pursuant to this
739	act may, in the discretion of the board, be collected by the
740	revenue collector of the county at the same time as the general
741	county taxes are collected by the revenue collector of the
742	county, and the board shall in such event certify to the county
743	revenue collector and county property appraiser in each year a
744	list of all such special assessments and a description of, and
745	names of the owners of, the properties against which such
746	special assessments have been levied and the amounts due thereon
747	in such year, and interest thereon for any deficiencies for
748	prior years. The amount to be so certified by the board to the
749	county revenue collector and county property appraiser to be
750	collected in such year may include, in the discretion of the
751	board, the principal installment of such special assessments
752	which will become due at any time in the next succeeding fiscal
753	year, and all or any part of the interest which will become due
754	on such special assessments during such next fiscal year,
755	together with any deficiencies for prior years.
756	(c)  The board may, in lieu of providing for the collection
757	of the special assessments by the revenue collector of the
758	county, provide for the collection of said special assessments
759	by the district under such terms and conditions as the board
760	shall determine. In such event, the bills or statements for the
761	amounts due in any fiscal year shall be mailed to the owners of
762	all properties affected by such special assessments at such time
763	or times as the board shall determine and such bills or
764	statements may include all or any part of the principal and
765	interest which will mature and become due on the annual
766	installments of such special assessments during the fiscal year
767	in which installments of such assessments are payable.
768	(d)  All charges of the county revenue collector, the
769	county property appraiser, or of the district, and the fees,
770	costs, and expenses of any paying agents, trustees, or other
771	fiduciaries for assessment bonds issued under this act, are
772	deemed to be costs of the operation and maintenance of any
773	drainage improvements in connection with which such special
774	assessments were levied and the board shall be authorized and
775	directed to provide for the payment each year of such costs of
776	collection, fees, and other expenses from the administrative,
777	maintenance, and operations tax as provided in this act as shall
778	be mutually agreed upon between the board and the county revenue
779	collector and county property appraiser as additional
780	compensation for their his or her services for each such
781	assessment district in which the special assessments are
782	collected by him or her.
783	(e)  All assessments shall constitute a lien upon the
784	property so assessed, from the date of final confirmation
785	thereof, of the same nature and to the same extent as the lien
786	for general county taxes falling due in the same year or years
787	in which such assessments or installments thereof fall due, and
788	any assessment or installment not paid when due shall be
789	collectible with such interest and with a reasonable attorney's
790	fee and costs, but without penalties, by the district by
791	proceedings in a court of equity to foreclose the line of
792	assessments as a lien for mortgages is or may be foreclosed
793	under the laws of the state; provided that any such proceedings
794	to foreclose shall embrace all installments of principal
795	remaining unpaid with accrued interest thereon, which
796	installments shall, by virtue of the institution of such
797	proceedings, immediately become due and payable. Nevertheless,
798	if, prior to any sale of the property under decree of
799	foreclosure in such proceedings, payment be made of the
800	installment or installments which are shown to be due under the
801	provisions of subsection subsections (2) or subsection (3), and
802	by this subsection, and all costs, including interest and
803	attorney's fees, such payment shall have the effect of restoring
804	the remaining installments to their original maturities as
805	provided by the resolution passed pursuant to this subsection
806	and the proceedings shall be dismissed. It shall be the duty of
807	the board to enforce the prompt collection of assessment by the
808	means herein provided, and such duty may be enforced at the suit
809	of any holder of bonds issued under this act in a court of
810	competent jurisdiction by mandamus or other appropriate
811	proceedings or action. Not later than 30 days after the annual
812	installments are due and payable, it shall be the duty of the
813	board to direct the attorney for the district to institute
814	actions within 2 months after such direction to enforce
815	collection of all special assessments for assessable
816	improvements made under this section and remaining due and
817	unpaid at the time of such direction. Such action shall be
818	prosecuted in the manner and under the conditions in and under
819	which mortgages are foreclosed under the laws of the state. It
820	shall be lawful to join in one action the collection of
821	assessments against any or all property assessed by virtue of
822	the same assessment roll unless the court shall deem such
823	joinder prejudicial to the interest of any defendant. The court
824	shall allow a reasonable attorney's fee for the attorney for the
825	district, and the same shall be collectible as a part of or in
826	addition to the costs of the action. At the sale pursuant to
827	decree in any such action, the district may be a purchaser to
828	the same extent as an individual person or corporation, except
829	that the part of the purchase price represented by the
830	assessments sued upon and the interest thereon need not be paid
831	in cash. Property so acquired by the district may be sold or
832	otherwise disposed of.
833	(f)  All assessments and charges made under the provisions
834	of this section for the payment of all or any part of the cost
835	of any assessable improvements for which assessment bonds shall
836	have been issued under the provisions of this act, or which have
837	been pledged as additional security for any other bonds or
838	obligations issued under this act, shall be used only for the
839	payment of principal or interest on such assessment bonds or
840	other bonds or obligations issued under this act.
841	Section 45 46.  Issuance of certificates of indebtedness
842	based on assessments for assessable improvements; assessment
843	bonds.-
844	(1)  The board may, after any assessments for assessable
845	improvements are made, determined, and confirmed as provided in
846	section 44 45, issue certificates of indebtedness for the amount
847	so assessed against the abutting property or property otherwise
848	benefited, as the case may be, and separate certificates shall
849	be issued against each part or parcel of land or property
850	assessed, which certificates shall state the general nature of
851	the improvement for which the said assessment is made. Said
852	certificates shall be payable in annual installments in
853	accordance with the installments of the special assessment for
854	which they are issued. The board may determine the interest to
855	be borne by such certificates as provided by section 31, and may
856	sell such certificates at either private or public sale and
857	determine the form, manner of execution, and other details of
858	such certificates. Such certificates shall recite that they are
859	payable only from the special assessments levied and collected
860	from the part or parcel of land or property against which they
861	are issued. The proceeds of such certificates may be pledged for
862	the payment of principal of and interest on any revenue bonds or
863	general obligation bonds issued to finance in whole or in part
864	such assessable improvement, or, if not so pledged, may be used
865	to pay the cost or part of the cost of such assessable
866	improvements.
867	Section 48 49.  Changing boundary lines; annexation and
868	exclusion of lands.-
869	(1)  Whenever the owners of a majority of the acreage of
870	the land within a prescribed area adjacent to the boundaries of
871	the district petitions the board to include a specific area of
872	lands within the boundaries of the district or when the board by
873	resolution proposes that an area of land adjacent to the
874	boundaries of the district be included within the boundaries of
875	the district, the board shall publish a notice once a week for 2
876	consecutive weeks in a newspaper of general circulation
877	published in Broward County describing the boundaries of the
878	area which is proposed to be taken into the boundaries of the
879	district. The notice shall be directed to the landowners within
880	the area proposed to be taken into the boundaries of the
881	district and shall direct said landowners to show cause in
882	writing before the board at a time and place to be stated in
883	such notice why such area of land should not be brought into the
884	boundaries of the district and why the proceedings and powers
885	authorized by this act should not be exercised by the board. At
886	the time and place stated in said notice, the board shall hear
887	all objections of any landowner within the area proposed to be
888	taken into the boundaries of the district and if no objections
889	are made or if said objections, if made, are overruled by the
890	board, the board shall enter in its minutes its findings and
891	adopt a final resolution of annexation confirming the new
892	boundaries of the district as they may be extended. Thereafter,
893	the board may proceed with the development, drainage, and water
894	management reclamation of the new area of land brought into the
895	district. If the board shall overrule any landowners' objections
896	as provided herein or if such landowner shall deem himself or
897	herself aggrieved by the aforesaid action of the board, such
898	landowner may within 20 days after the board adopts its final
899	resolution of annexation invoke the jurisdiction of the circuit
900	court for Broward County. When said resolution annexing the new
901	area to the boundaries of the district shall have been adopted
902	by the board, or by a court of competent jurisdiction if such
903	proposed action shall have been challenged by a landowner by the
904	judicial proceedings hereinabove authorized, the board may adopt
905	a water control plan of reclamation for the newly annexed area
906	and thereafter proceed in a like manner as prescribed in this
907	act. Upon the adoption of the final resolution of annexation,
908	all provisions of this act shall apply to the newly annexed area
909	of land. Lands lying within the boundaries of the district may
910	be deannexed in the same manner as the procedure for annexation.
911	Section 49 50.  Unit development; powers of board to
912	designate units of district and adopt system of progressive
913	drainage by units; water control plans of reclamation and
914	financing assessments for each unit; amendment of unit plan.-
915	(1)  The board is authorized in its discretion to drain and
916	provide water management reclaim and place under water control
917	or more completely and intensively to drain and provide water
918	management reclaim and place under water control the lands in
919	the district by designated areas or parts of the district to be
920	called "units." The units into which the district may be so
921	divided shall be given appropriate numbers or names by the
922	board, so that the units may be readily identified and
923	distinguished. The board shall have the power to fix and
924	determine the location, area, and boundaries of lands to be
925	included in each and all such units, the order of development
926	thereof, and the method of carrying on the work in each unit.
927	The unit system of drainage and water management provided by
928	this section may be conducted and all of the proceedings by this
929	section and this act authorized in respect to such unit or units
930	may be carried on and conducted at the same time as or after the
931	work of draining and providing water management for reclaiming
932	of the entire district has been or is being or shall be
933	instituted or carried on under the provisions of this act or
934	under chapter 298, Florida Statutes, or both.
935	(2)  If the board determines that it is it advisable to
936	conduct the work of draining and providing water management for
937	reclaiming the lands in the district by units, as authorized by
938	this section, the board shall, by resolution, declare its
939	purpose to conduct such work accordingly, and shall fix the
940	number, location, and boundaries of and description of lands
941	within such unit or units and give them appropriate numbers or
942	names. The entire district may also be designated as a unit for
943	the proper allocation of such part of the water control and
944	drainage plan of reclamation and drainage as benefits the entire
945	district.
946	(3)  As soon as practicable after the adoption of such
947	resolution, the board shall publish notice once a week for 2
948	consecutive weeks in a newspaper or newspapers published and of
949	general circulation in Broward County, briefly describing the
950	units into which the district has been divided and the lands
951	embraced in each unit, giving the name, number, or other
952	designation of such units, requiring all owners of lands in the
953	district to show cause in writing before the board at a time and
954	place to be stated in such notice why such division of the
955	district into such units should not be approved, and the system
956	of development by units should not be adopted and given effect
957	by the board, and why the proceedings and powers authorized by
958	this section should not be had, taken, and exercised. At the
959	time and place stated in the notice, the board shall hear all
960	objections or causes of objection, all of which shall be in
961	writing, of any landowner in the district who may appear in
962	person or by attorney, to the matters mentioned and referred to
963	in such notice, and, if no objections are made, or, if
964	objections are made and overruled by the board, then the board
965	shall enter in its minutes its finding and order confirming the
966	resolution, and may thereafter proceed with the development,
967	drainage, and water management reclamation of the district by
968	units pursuant to such resolution and to the provisions of this
969	act. The failure to make objections as provided in this
970	subsection shall constitute a waiver of such objection, and, if
971	any objection shall be made and overruled or otherwise not
972	sustained, confirmation of the resolution shall be the final
973	adjudication of the issues presented unless a judicial
974	proceeding is initiated within 10 days after such ruling.
975	(4)  The board may, as a result of any objections or of
976	other matters brought forth at such hearing, modify or amend
977	said resolution in whole or in part, confirm said resolution
978	after overruling all objections, or reject said resolution and,
979	if such resolution is confirmed, modified, or amended, may
980	proceed thereafter in accordance with said resolution as
981	confirmed, modified, or amended. The sustaining of such
982	objections and the rescinding of such resolutions shall not
983	exhaust the power of the board under this section, but the board
984	may at any time adopt other resolutions under this section and
985	thereupon proceed on due notice in like manner as provided in
986	this section. If the board shall overrule or refuse to sustain
987	any such objections in whole or in part made by any landowner in
988	the district, or if any such landowner shall deem himself or
989	herself aggrieved by any action of the board in respect to any
990	objections so filed, such landowner may, within 10 days after
991	the ruling of the board, invoke the jurisdiction of the circuit
992	court for the 17th circuit; and such suits shall be conducted
993	like other chancery suits, except that said suits shall have
994	preference over all other pending actions except criminal
995	actions and writs of habeas corpus.
996	(5)  When the resolutions creating the unit system shall be
997	confirmed by the board, or by the circuit court, if such
998	proposed action shall be challenged by a landowner by the
999	judicial proceedings authorized in this section, the board may
1000	adopt a water control plan or plans of reclamation for and in
1001	respect to any or all such units, and to have the benefits and
1002	damages resulting therefrom assessed and apportioned in like
1003	manner as is provided by chapter 298, Florida Statutes, in
1004	regard to water control plans of reclamation for the assessments
1005	of benefits and damages of the entire district, or in like
1006	manner as is provided for in this act for the assessments of
1007	benefits. The board shall have the same powers in respect to
1008	each and all of such units as is vested in them with respect to
1009	the entire district. All the provisions of this act shall apply
1010	to the drainage, water management reclamation, and improvement
1011	of each, any, and all such units, and the enumeration of or
1012	reference to specific powers or duties of the commissioners or
1013	any other officers or other matters in this act, as set forth in
1014	this act, shall not limit or restrict the application of any and
1015	all of the proceedings and powers herein to the drainage and
1016	water management reclamation of such units as fully and
1017	completely as if such unit or units were specifically and
1018	expressly named in every section and clause of this act where
1019	the entire district is mentioned or referred to. Unless the
1020	board by resolution otherwise provides, all assessments, levies,
1021	taxes, bonds, and other obligations made, levied, assessed, or
1022	issued for or in respect to any such unit or units shall be a
1023	lien and charge solely and only upon the lands in such unit or
1024	units, respectively, for the benefit of which the same shall be
1025	levied, made, or issued, and not upon the remaining units or
1026	lands in the district.
1027	(6)  The board may at any time amend its resolution by
1028	changing the location and description of lands in any unit or
1029	units, provided that if the location of or description of lands
1030	located in any unit or units is so changed, notice of the change
1031	shall be published as required in this section for notice of the
1032	formation or organization of such unit or units, and all
1033	proceedings shall be had and done in that regard as are provided
1034	in this section for the original creation of such unit or units.
1035	(7)  If, after the determination of benefits with respect
1036	to any unit or units or the issuance of bonds or other
1037	obligations which are payable from taxes or assessments for
1038	benefits levied upon lands within such unit or units, the board
1039	finds the water control plan of reclamation of any such unit or
1040	units insufficient or inadequate for efficient development, the
1041	water control plan of reclamation may be amended or changed as
1042	provided in chapter 298, Florida Statutes, or as provided in
1043	this act, and the unit or units may be amended or changed as
1044	provided in this section by changing the location and
1045	description of lands in such unit or units or by detaching lands
1046	therefrom or by adding lands thereto, but only upon the approval
1047	or consent of not less than the holders of a majority in
1048	principal amount of such bonds or other obligations, or such
1049	other percentage as may be required by the terms of such bonds
1050	or other obligations, or without such consent or approval, if
1051	the proceedings authorizing such bonds provide that such action
1052	may be taken without the consent or approval of the holders
1053	thereof. In the event of such amendment or change, all
1054	assessments, levies, taxes, bonds, or other obligations made,
1055	levied, assessed, incurred, or issued for or in respect to any
1056	such unit or units shall be allocated and apportioned to the
1057	amended unit or units in proportion to the benefits assessed
1058	with respect to the amended water control plan of reclamation.
1059	In the event of the change of the boundaries of any unit as
1060	provided in this section and the allocation and apportionment to
1061	the amended unit or units or assessments, levies, taxes, bonds,
1062	and other obligations in proportion to the benefits assessed for
1063	the amended water control plan of reclamation, the holders of
1064	bonds or other obligations hereafter issued for the original
1065	unit shall be entitled to all rights and remedies against any
1066	lands added to the amended unit or units as fully and to the
1067	same extent as if such added lands had formed and constituted a
1068	part of the original unit or units at the time of the original
1069	issuance of such bonds or other obligations, and regardless of
1070	whether the holders of such bonds or other obligations are the
1071	original holders thereof or the holders from time to time
1072	hereafter, and the rights and remedies of such holders against
1073	the lands in the amended unit or units, including any lands
1074	added thereto, under such allocation and apportionment, shall
1075	constitute vested and irrevocable rights and remedies to the
1076	holders from time to time of such bonds or other obligations as
1077	fully and to the same extent as if such bonds or other
1078	obligations had been originally issued to finance the
1079	improvements in such amended unit or units under such amended
1080	water control plan of reclamation. Conversely, in the event of
1081	the change of the boundaries of any unit wherein lands are
1082	detached therefrom, as provided for in this section, said lands
1083	so detached shall be relieved and released from any further
1084	liability for the assessment, levy, or payment of any taxes for
1085	the purpose of paying the principal or interest on any bonds
1086	originally issued for the original unit from which said lands
1087	were detached.
1088	Section 51 52.  Mandatory use of certain district
1089	facilities and services.-The district may require all lands,
1090	buildings, and premises, and all persons, firms, and
1091	corporations, within the district to use the drainage and water
1092	management reclamation facilities of the district. Subject to
1093	such exceptions as may be provided by the resolutions, rules, or
1094	bylaws of the board, and subject to the terms and provisions of
1095	any resolution authorizing any bonds and agreements with
1096	bondholders, no drainage or water management and reclamation
1097	facilities shall be constructed or operated within the district
1098	unless the board gives consent thereto and approves the plans
1099	and specifications therefor. The violation of the foregoing
1100	requirements is declared to be a criminal offense and
1101	misdemeanor within the meaning of s. 775.08, Florida Statutes,
1102	and shall be punishable as provided by general law.
1103	Section 54 55.  Maintenance and operation of projects and
1104	drainage and water management facilities across rights-of-ways.-
1105	The district shall have the power to construct, maintain, and
1106	operate its projects and drainage and water management
1107	facilities in, along, on, or under any dedications to the
1108	public, platted or dedicated rights-of-way, platted or dedicated
1109	reservations, streets, easements, water management areas,
1110	alleys, highways, or other public places or ways, and across any
1111	drain, ditch, canal, floodway, holding basin, excavation,
1112	railroad right-of-way, easement, reservation, water management
1113	area, track, grade, fill, or cut, within or without the
1114	district.
1115	Section 57 58.  Fees, rentals, tolls, fares, and charges;
1116	procedure for adoption and modification; minimum revenue
1117	requirements.-The district shall have the power to prescribe,
1118	fix, establish, and collect rates, fees, rentals, tolls, fares,
1119	or other charges, hereinafter sometimes referred to as
1120	"revenues," and to revise the same from time to time, for the
1121	facilities and services furnished or to be furnished by the
1122	district, including, but not limited to, drainage and water
1123	management facilities.
1124	Section 58 59.  Subdivision regulation.-
1125	(2)  Any division of a parcel of land as a subdivision as
1126	defined in this act shall be subject to such plat and
1127	subdivision regulations hereafter adopted, amended, or modified
1128	by the district under the authority of law. Such regulations may
1129	provide for streets in the subdivision to be of such width,
1130	grade, and location as to facilitate drainage and water
1131	management; provide that adequate easements and rights-of-way be
1132	provided for drainage and water management and that the lay-out
1133	of the subdivision conform to the comprehensive water control
1134	plan for drainage and water management for the area; and provide
1135	for the drainage and water management requirements to be met.
1136	The district shall not approve any subdivision plat unless the
1137	land included within the subdivision is suitable or shall be
1138	made suitable to the various purposes for which it is intended
1139	to be used, and, in particular, unless all land intended for
1140	building sites can be used safely for building purposes, without
1141	the danger from flood or other inundation, or from any such
1142	menace to health, safety, or public welfare. After the effective
1143	date of this act, It shall be unlawful for anyone being an
1144	owner, or agent of an owner, of any land to transfer, sell,
1145	agree to sell, or negotiate to sell such land by reference to,
1146	or exhibition of, or by any other use of a plat or subdivision
1147	of such land, without having submitted a plat of such
1148	subdivision to the district and obtaining its approval as
1149	required by this act. The unlawful use of a plat by the owner,
1150	or the agent of the owner, of such land before it is properly
1151	approved by the district is declared to be a criminal offense
1152	and misdemeanor within the meaning of s. 775.08, Florida
1153	Statutes, and shall be punishable as provided by general law.
1154	The description by metes and bounds in the instrument of
1155	transfer or other document used in the process of transferring
1156	shall not exempt the transaction from such penalties.
1157	Section 61 62.  Obstructions, damage, and destruction
1158	prohibited; damages; enforcement; and penalties.-
1159	(4)  A person may not willfully, or otherwise, obstruct any
1160	canal, drain, ditch, watercourse, or water management area or
1161	destroy any drainage works constructed in or maintained by the
1162	district or obstruct or damage any easement, right-of-way, or
1163	other property dedicated to the district or the public or fail
1164	to comply with the district's 5-year recertification program
1165	rules, criteria, or regulations.
1166	Section 63 64.  Bailey Drainage District abolished and
1167	assets transferred to South Broward Drainage District.-That
1168	effective October 1, 1992, the Bailey Drainage District hereto
1169	created by the Florida Legislature pursuant to chapter 67-950,
1170	Laws of Florida, and amendments thereto, was abolished. Except
1171	as provided by sections 67 and 68 and 69, the easements, rights-
1172	of-way, dikes, ditches, facilities, equipment, files, papers,
1173	plans, and all other assets, real or personal, of whatever
1174	description and wheresoever situate of said Bailey Drainage
1175	District, on October 1, 1992, were surrendered to the Board of
1176	Supervisors of the South Broward Drainage District and such
1177	easements, rights-of-way, dikes, ditches, facilities, equipment,
1178	files, papers, plans, and all other assets of the Bailey
1179	Drainage District shall, by operations and provisions of this
1180	section of this law, become and remain easements, rights-of-way,
1181	dikes, ditches, facilities, equipment, files, papers, plans, and
1182	all other assets of the South Broward Drainage District.
1183	Section 64 65.  Bailey Drainage District powers,
1184	indebtedness, and liabilities transferred to South Broward
1185	Drainage District.-Commencing on October 1, 1992, all powers,
1186	duties, responsibilities, obligations, and functions of Bailey
1187	Drainage District except as stated in sections 67 and 68 and 69,
1188	shall be performed by South Broward Drainage District and South
1189	Broward Drainage District shall assume all indebtedness of
1190	Bailey Drainage District. Commencing on October 1, 1992, except
1191	as stated in sections 67 and 68 and 69, South Broward Drainage
1192	District shall assume all liabilities of Bailey Drainage
1193	District both known and unknown as of October 1, 1992.
1194	Section 67 68.  Bailey Drainage District road right-of-way
1195	and responsibility for roadways transferred to Board of
1196	Commissioners of Broward County.-Notwithstanding the provisions
1197	of sections 63, 64, 65, and 66, and 67, the South Broward
1198	Drainage District shall have no requirements or responsibility
1199	for maintaining or improving any roadways located within the
1200	lands described in section 62, 63 and on October 1, 1992, all
1201	road rights-of-way described in section 68 69 along with the
1202	roadways constructed therein were surrendered to the Board of
1203	Commissioners of Broward County and by operation and provisions
1204	of this section became and shall remain rights-of-way and
1205	property of Broward County, subject to all drainage easements
1206	previously dedicated to Bailey Drainage District which as of
1207	October 1, 1992, are drainage easements of South Broward
1208	Drainage District.
1209	Section 69 70.  Broward County responsible for operation
1210	and maintenance of roadways within lands described in section 68
1211	69.-Pursuant to the provisions of chapters 335 and 336, Florida
1212	Statutes, Broward County shall, from October 1, 1992, be the
1213	governmental entity responsible for operation and maintenance of
1214	all roads within the lands described in section 62 63 and
1215	located within the right-of-way described in section 68 69, said
1216	roads to be part of the Broward County road system.
1217	Section 71 72.  South Broward Drainage District to have all
1218	of its power and authority and jurisdiction over lands described
1219	in section 62 63.-Commencing on October 1, 1992, the South
1220	Broward Drainage District shall have all of the powers and
1221	authority and jurisdiction over and within the territory
1222	described in section 62 63 hereof and of the inhabitants thereof
1223	and the property located therein as it had over and within its
1224	boundaries prior to October 1, 1992; and all of the laws,
1225	regulations, and resolutions of or pertaining to the South
1226	Broward Drainage District shall apply to and have the same force
1227	and effect on all the territory described in section 62 63 as if
1228	such territory had been a part of said South Broward Drainage
1229	District at the time of passage and approval of such laws,
1230	regulations, and resolutions.
1231	Section 3.  Nothing in this act supersedes chapter 99-468,
1232	Laws of Florida.
1233	Section 4.  A certified copy of this act shall be recorded
1234	in the Broward County Public Records by the South Broward
1235	Drainage District.
1236	Section 5.  If any provision of this act or its application
1237	to any person or circumstance is held invalid, the invalidity
1238	does not affect other provisions or applications of this act
1239	which can be given effect without the invalid provision or
1240	application, and to this end the provisions of this act are
1241	severable.
1242	Section 6.  This act shall take effect upon becoming a law.

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