Chapter 298 — Chapter 298
58 sections in this chapter.
Fla. Stat. § 298.001 Districts designated as “water control” districts
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A water management district or a drainage district heretofore or hereafter created pursuant to the method authorized in this chapter or a water management district created by special act to operate under the authority of this chapter shall be designated as a water control distric…
Fla. Stat. § 298.005 Definitions
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As used in this chapter, the term:(1) “Jurisdictional water management district” means the chapter 373 water management district or districts within which the lands encompassed by a water control district are located.(2) “Owner” means the owner of the freehold estate, subject to …
Fla. Stat. § 298.01 Formation of water control district
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It is the legislative intent that those water control districts established prior to July 1, 1980, pursuant to the process formerly contained in this section and former ss. 298.02 and 298.03, may continue to operate as outlined in this chapter. However, on and after that date, no…
Fla. Stat. § 298.11 Landowners’ meetings; election of board of supervisors; duties of Department of Environmental Protection
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(1) Within 20 days after the effective date of a special act creating a district, notice of a landowners’ meeting shall be given as provided in the special act. The notice shall be published once a week for 2 consecutive weeks in a newspaper of general circulation in each county …
Fla. Stat. § 298.12 Annual election of supervisors; term of office; vacancy
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(1) Every year in the same month after the time for the election of the first board of supervisors, it shall call a meeting of the landowners in the district in the same manner as is provided for in s. 298.11, and the owners of land in such district shall meet at the stated time …
Fla. Stat. § 298.13 Supervisor’s oath of office
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Each supervisor, before entering upon his or her official duties, shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the supervisor will honestly, faithfully and impartially perform the duties devolving upon him or her in office, a…
Fla. Stat. § 298.14 Organization of board; annual reports to landowners; compensation of members of board
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Immediately after their election or appointment, the board of supervisors shall meet at some convenient place; choose one of their number to serve as president of the board; and elect as secretary some suitable person, who may or may not be a member of the board, and who may be r…
Fla. Stat. § 298.15 Record of proceedings
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The board of supervisors of any district organized under this chapter shall cause to be kept a well-bound book, entitled “record of board of supervisors of district,” in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees and a…
Fla. Stat. § 298.16 Appointment of district engineer; engineer’s duties
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(1) Within 30 days after organizing, the board of supervisors shall appoint a district engineer, who may be an individual, copartnership, or corporation, and who shall engage such assistants as the board of supervisors may approve. Such district engineer shall faithfully and hone…
Fla. Stat. § 298.17 Appointment and duties of treasurer of district; appointment of deputies; bond of treasurer; audit of books; disbursements by warrant; form of warrant
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The board of supervisors in any district shall select and appoint some competent person, bank or trust company, organized under the laws of the state, as treasurer of such district, who shall receive and receipt for all the drainage taxes collected by the county collector or coll…
Fla. Stat. § 298.18 Supervisors to employ attorney for district; duty of attorney
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The board of supervisors within 30 days after organizing shall employ an attorney to act for the district and to advise said board. Such employment shall be evidenced by an agreement in writing, which, as far as possible, shall specify the exact amount to be paid to said attorney…
Fla. Stat. § 298.19 Appointment and duties of superintendent of plant and operations and overseers
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For the purpose of preserving any ditch, drain, dike, levee or other work constructed or erected under the provisions of this chapter and for the taking care and the operation of the equipment owned by said district and the maintenance of the canals and other works of said distri…
Fla. Stat. § 298.20 Supervisors to fix compensation for work and employees
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The board of supervisors, except where otherwise provided, shall, by resolution, at time of hiring or appointing, provide for the compensation for work done by any officer, engineer, attorney, or other employee and shall also pay the fees, and necessary expenses of all court and …
Fla. Stat. § 298.21 Supervisors may remove officers and employees
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The board of supervisors may at any time remove any officer, attorney, chief engineer or other employee appointed or employed by said board.
Fla. Stat. § 298.22 Powers of supervisors
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The board of supervisors of the district has full power and authority to construct, complete, operate, maintain, repair, and replace any and all works and improvements necessary to execute the water control plan. Subject to the applicable provisions of chapter 373 or chapter 403,…
Fla. Stat. § 298.225 Water control plan; plan development and amendment
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(1) Any plan of reclamation, water management plan, or plan of improvement developed and implemented by a water control district created by this chapter or by special act of the Legislature is considered a “water control plan” for purposes of this chapter.(2) The board of supervi…
Fla. Stat. § 298.23 Supervisors authorized to take land for rights-of-way, etc.; payment
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The board of supervisors of a district organized under this chapter shall not have the right to enter upon, or appropriate, any land for rights-of-way, holding basins or other works of the district, until the prices awarded to the owners of such land shall have been paid to such …
Fla. Stat. § 298.24 Bridge construction
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All bridges contemplated by this chapter and all enlargements of bridges already in existence shall be built and enlarged according to and in compliance with the plans, specifications and orders made or approved by the chief engineer of the district. If any such bridge shall belo…
Fla. Stat. § 298.25 Type of bridges over drains in large counties
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Whenever any district cuts or digs a drain, canal or ditch across any public highway, in counties having a population of not less than 130,000, according to the last preceding state census, the style, type and character of such bridge shall be determined by the engineer of the co…
Fla. Stat. § 298.26 District engineer to make annual reports to supervisors; approval of reports; water control plan
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The district engineer shall make a report in writing to the board of supervisors once every 12 months or as directed by the board. The report shall describe the progress made and activities undertaken in furtherance of the water control plan, and may include suggestions and recom…
Fla. Stat. § 298.28 Watercourses to be connected with drainage of district; connecting drains after completion of plan of drainage
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At the time of the construction, in any district incorporated under this chapter, of the water control plan, all canals, ditches or systems of drainage already constructed in said district and all watercourses shall, if necessary to the drainage of any lands in said district, be …
Fla. Stat. § 298.301 District water control plan adoption; district boundary modification; plan amendment; notice forms; objections; hearings; assessments
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(1) District infrastructure and works must be implemented pursuant to a water control plan. In the execution of the powers and authorities granted in this chapter, the district’s action must be consistent with any adopted local government comprehensive plan within which the lands…
Fla. Stat. § 298.305 Assessing land for development; apportionment of assessment
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(1) After the engineer’s report has been approved by the board of supervisors, the proposed water control plan or plan amendment has been finally adopted, and the lists of lands with the assessed benefits have been filed in the office of the secretary of the district, then the bo…
Fla. Stat. § 298.329 When works insufficient, supervisors have power to make a new or amended plan; additional levy; issuance of bonds; procedure
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(1) If the works set out in the district water control plan are found insufficient to develop, in whole or in part, any or all of the lands of the district, the board of supervisors shall have the right to formulate a new or amended water control plan, containing new or modified …
Fla. Stat. § 298.333 Assessments and costs; a lien on land against which levied
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All non-ad valorem assessments provided for in this chapter, together with all penalties for default in payment of the same and all costs in collecting the same, constitutes, from the date of assessment thereof until paid, a lien of equal dignity with the liens for county taxes a…
Fla. Stat. § 298.341 When unpaid assessments delinquent; penalty
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All non-ad valorem assessments provided for in this chapter become delinquent and bear penalties on the amount of the assessments in the same manner as county taxes. The assessments shall, from January 1 of each year assessable property is liable for district assessments, constit…
Fla. Stat. § 298.345 Enforcement of non-ad valorem assessments
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The collection and enforcement of all non-ad valorem assessments levied by the district shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sal…
Fla. Stat. § 298.349 Uniform initial acreage assessment for payment of expenses
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There is levied upon each acre of land within a water control district created on or after July 1, 1997, a uniform initial assessment of $50 per acre for the year in which the district is created, to be used by the district, through its board of supervisors, for the purpose of di…
Fla. Stat. § 298.353 Unit development; powers of board of supervisors to designate units of district; financing assessments for each unit
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The board of supervisors of the district may designate areas or parts of the district as separate administrative and financial “units.” Units must be created or modified as a part of and through the adoption of a water control plan or plan amendment as provided in this chapter. T…
Fla. Stat. § 298.36 Lands belonging to state assessed; drainage tax record
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(1) The benefits, and all lands in said district belonging to the state, shall be assessed to, and the taxes thereon shall be paid by, the state out of funds on hand, or which may hereafter be obtained, derived from the sale of lands belonging to the state. This provision shall a…
Fla. Stat. § 298.365 Collection of annual installment tax; lien
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Annual installment taxes levied under s. 298.36 shall become due and be collected during each year at the same time that county taxes are due and collected, and said annual installment and levy shall be evidenced to and certified by the board of supervisors not later than June 1 …
Fla. Stat. § 298.366 Delinquent taxes; penalties
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All taxes provided for in this chapter shall be and become delinquent and bear penalties on the amount of said taxes in the same manner as county taxes.
Fla. Stat. § 298.401 Property appraisers and tax collectors; compensation; characterization of services
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(1) In any district or subdistrict whose area shall extend into not more than two counties, the property appraisers of each county containing lands within such districts where drainage taxes are assessed on the county tax roll by the county property appraiser shall be paid an amo…
Fla. Stat. § 298.41 Taxes and costs a lien on land against which taxes levied; subdistricts
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(1) All drainage taxes provided for in this chapter, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorney’s fee fixed by the court and taxed as costs in the action brought to enforce payment, shall, from…
Fla. Stat. § 298.465 District taxes; delinquent; discounts
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The collection and enforcement of all taxes levied by said district shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sale, and delivery of t…
Fla. Stat. § 298.47 Supervisors may issue bonds
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(1) The board of supervisors may, if in their judgment it seems best, issue bonds not to exceed 90 percent of the total amount of the non-ad valorem assessments, exclusive of the amount for interest, levied under the provisions of s. 298.305, in denominations of not less than $10…
Fla. Stat. § 298.48 Sale of bonds and disposition of proceeds
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The bonds shall not be sold for less than 95 cents on the dollar, with accrued interest, shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the aforesaid taxes. The said treasurer shall promptly report all sales of bonds…
Fla. Stat. § 298.49 Interest upon matured bonds
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All bonds and coupons not paid at maturity shall bear interest at the rate of 6 percent per annum from maturity until paid, or until sufficient funds have been deposited at the place of payment, and the said interest shall be appropriated by the board of supervisors out of the pe…
Fla. Stat. § 298.50 Levy of tax to pay bonds, sinking fund
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(1) The board of supervisors in making the annual tax levy, as provided in this chapter, shall take into account the maturing bonds and interest on all bonds, and make provisions in advance for the payment thereof. In case the proceeds of the original tax levy made under the prov…
Fla. Stat. § 298.51 Defaults, receivership for district
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If any bond or interest coupon on any bond issued by said district is not paid within 60 days after its maturity, a court of competent jurisdiction, on the application of any holder of such bond or interest coupon so overdue, may appoint a receiver for the district; said receiver…
Fla. Stat. § 298.52 Refunding and extending bonds
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(1) Any district now or hereafter created or organized under any general or special law heretofore or hereafter enacted by the state may, whenever in the judgment of the governing board thereof it is advisable and for the best interests of the landowners in the district, refund a…
Fla. Stat. § 298.54 Maintenance tax
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To maintain and preserve the ditches, drains, or other improvements made pursuant to this chapter and to repair and restore the same, when needed, and for the purpose of defraying the current expenses of the district, including any sum which may be required to pay state and count…
Fla. Stat. § 298.56 Bonds issued secured by lien on lands benefited; assessment and collection of taxes may be enforced
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All bonds issued by any board of supervisors under the provisions of this chapter shall be secured by a lien on all lands and other property benefited in the district, and the board of supervisors shall see to it that a tax is levied annually and collected under the provisions of…
Fla. Stat. § 298.57 Landowner in district may construct drains across land of intervening landowner; proceedings
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Any landowner within a district organized under this chapter may construct ditches to drain his or her lands into the public ditches; and if any intervening landowner should refuse permission to cross his or her land with such ditch, the landowner seeking to construct such ditch …
Fla. Stat. § 298.59 Supervisors authorized to obtain consent of United States
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In case the water control plan of any district organized and incorporated under this chapter and the improvement provided thereunder be of such nature as requires the permission or consent of the Government of the United States, or any department or officer of the Government of t…
Fla. Stat. § 298.60 Unpaid warrants issued by district to draw interest
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Any warrant issued under this chapter that is not paid when presented to the treasurer of the district because of lack of funds in the treasury, such fact shall be endorsed on the back of such warrant; and such warrant shall draw interest thereafter at the rate of 6 percent per a…
Fla. Stat. § 298.61 Sureties on bonds; penalties payable to district; bonds cover defaults of specified persons
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The sureties required on any or all bonds required to be given by this chapter may be a surety or bonding company approved by the board of supervisors and shall be made payable to the district by its corporate name, in which name all suits shall be instituted and prosecuted. All …
Fla. Stat. § 298.62 Lands may be acquired for rights-of-way and other purposes
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Any and all districts and subdistricts created or organized under the laws of the state may acquire by gift, purchase, exchange, donation or condemnation, any lands within or without the said district for canal rights-of-way, or for other general purposes of the said district, an…
Fla. Stat. § 298.63 Bonds to secure loans from Secretary of Interior
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(1) All districts in this state, whether existing under authority of general law or special enactment, may issue bonds or other evidence of indebtedness with or without interest in an amount not exceeding the total indebtedness of district issuing such bonds at the time of the is…
Fla. Stat. § 298.66 Obstruction of public drainage canals, etc., prohibited; damages; penalties
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(1) A person may not willfully, or otherwise, obstruct any public canal, drain, ditch or watercourse or damage or destroy any public drainage works constructed in or maintained by any district.(2) Any person who willfully obstructs any public canal, drain, ditch, or watercourse o…