Florida Statutes
Chapter 298 - Drainage and Water Control
298.329 - When Works Insufficient, Supervisors Have Power to Make a New or Amended Plan; Additional Levy; Issuance of Bonds; Procedure.


(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 public infrastructure or other authorized works, and additional assessments may be made in conformity with s. 298.305, the same to be made in proportion to the increased benefits accruing to the lands because of the additional works. Such new or amended plan shall be subject to review by the applicable water management district in accordance with s. 298.225.
(2) If the board of supervisors determines at any time that the amount of total assessments levied under this chapter or the funds derived from the sale of bonds are insufficient to pay the cost of works set out in the water control plan, the board of supervisors may make an additional levy to provide funds to complete the works and, in addition, up to 10 percent of the total amount for contingencies; and, may issue bonds to finance the increased cost of completing the works described in the water control plan; however, the principal amount of the additional bonds and the principal amount of any bonds previously issued to finance the works must not, in the aggregate, exceed 90 percent of the benefits assessed.
(3) If the board of supervisors determines at any time that the water control plan requires modification and that the amount of the total assessments levied under this chapter or the funds derived from the sale of bonds are insufficient to carry out the water control plan with the proposed modification, the board of supervisors may initiate plan amendment proceedings.
(4) After the engineer’s report has been approved and the resolution amending the water control plan adopted by the board of supervisors, the board may levy a non-ad valorem assessment on all lands in the district to which benefits have been assessed to pay the increased cost of completing the works and improvements described in the water control plan as amended. The assessment may include the cost of maintaining and operating the facilities and all incidental expenses in connection therewith, plus an additional 10 percent of the total amount for contingencies. The additional assessments authorized to be levied under this section must be levied and collected in the same manner as the original assessments.
(5) The issuance of bonds under the provisions of this section must comply with the provisions of s. 298.47. Any additional tax authorized to be levied for completion of the works and improvements described in the water control plan must be apportioned to and levied upon each tract of land in the district in proportion to the benefits assessed against it and not in excess thereof; and, if bonds are issued, the amount of the interest that will accrue on the bonds, as estimated by the board of supervisors, must be included and added to the additional levy. The interest to accrue on the bonds must not be included as part of the cost of construction in the determination of whether or not the expenses and costs of making the improvements shown in the water control plan are equal to or in excess of the benefits assessed.
History.—s. 15, ch. 97-40; s. 9, ch. 98-329.

Structure Florida Statutes

Florida Statutes

Title XXI - Drainage

Chapter 298 - Drainage and Water Control

298.001 - Districts Designated as “Water Control” Districts.

298.005 - Definitions.

298.01 - Formation of Water Control District.

298.11 - Landowners’ Meetings; Election of Board of Supervisors; Duties of Department of Environmental Protection.

298.12 - Annual Election of Supervisors; Term of Office; Vacancy.

298.13 - Supervisor’s Oath of Office.

298.14 - Organization of Board; Annual Reports to Landowners; Compensation of Members of Board.

298.15 - Record of Proceedings.

298.16 - Appointment of District Engineer; Engineer’s Duties.

298.17 - Appointment and Duties of Treasurer of District; Appointment of Deputies; Bond of Treasurer; Audit of Books; Disbursements by Warrant; Form of Warrant.

298.18 - Supervisors to Employ Attorney for District; Duty of Attorney.

298.19 - Appointment and Duties of Superintendent of Plant and Operations and Overseers.

298.20 - Supervisors to Fix Compensation for Work and Employees.

298.21 - Supervisors May Remove Officers and Employees.

298.22 - Powers of Supervisors.

298.225 - Water Control Plan; Plan Development and Amendment.

298.23 - Supervisors Authorized to Take Land for Rights-of-Way, etc.; Payment.

298.24 - Bridge Construction.

298.25 - Type of Bridges Over Drains in Large Counties.

298.26 - District Engineer to Make Annual Reports to Supervisors; Approval of Reports; Water Control Plan.

298.28 - Watercourses to Be Connected With Drainage of District; Connecting Drains After Completion of Plan of Drainage.

298.301 - District Water Control Plan Adoption; District Boundary Modification; Plan Amendment; Notice Forms; Objections; Hearings; Assessments.

298.305 - Assessing Land for Development; Apportionment of Assessment.

298.329 - When Works Insufficient, Supervisors Have Power to Make a New or Amended Plan; Additional Levy; Issuance of Bonds; Procedure.

298.333 - Assessments and Costs; a Lien on Land Against Which Levied.

298.341 - When Unpaid Assessments Delinquent; Penalty.

298.345 - Enforcement of Non-Ad Valorem Assessments.

298.349 - Uniform Initial Acreage Assessment for Payment of Expenses.

298.353 - Unit Development; Powers of Board of Supervisors to Designate Units of District; Financing Assessments for Each Unit.

298.36 - Lands Belonging to State Assessed; Drainage Tax Record.

298.365 - Collection of Annual Installment Tax; Lien.

298.366 - Delinquent Taxes; Penalties.

298.401 - Property Appraisers and Tax Collectors; Compensation; Characterization of Services.

298.41 - Taxes and Costs a Lien on Land Against Which Taxes Levied; Subdistricts.

298.465 - District Taxes; Delinquent; Discounts.

298.47 - Supervisors May Issue Bonds.

298.48 - Sale of Bonds and Disposition of Proceeds.

298.49 - Interest Upon Matured Bonds.

298.50 - Levy of Tax to Pay Bonds, Sinking Fund.

298.51 - Defaults, Receivership for District.

298.52 - Refunding and Extending Bonds.

298.54 - Maintenance Tax.

298.56 - Bonds Issued Secured by Lien on Lands Benefited; Assessment and Collection of Taxes May Be Enforced.

298.57 - Landowner in District May Construct Drains Across Land of Intervening Landowner; Proceedings.

298.59 - Supervisors Authorized to Obtain Consent of United States.

298.60 - Unpaid Warrants Issued by District to Draw Interest.

298.61 - Sureties on Bonds; Penalties Payable to District; Bonds Cover Defaults of Specified Persons.

298.62 - Lands May Be Acquired for Rights-of-Way and Other Purposes.

298.63 - Bonds to Secure Loans From Secretary of Interior.

298.66 - Obstruction of Public Drainage Canals, etc., Prohibited; Damages; Penalties.

298.70 - Department of Environmental Protection Authorized to Borrow Money.

298.71 - Department May Issue Notes; Suit by Holder; Judgment.

298.72 - Department May Use Proceeds of Drainage Tax to Pay Loans.

298.73 - Matured Written Obligations Receivable in Payment of Taxes.

298.74 - Drainage of Lakes.

298.76 - Special or Local Legislation; Effect.

298.77 - Readjustment of Assessments; Procedure, Notice, Hearings.

298.78 - Lien; Release.