1. (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 of the district are located. The board of supervisors may, by resolution at a regularly scheduled meeting, consider the adoption of a district water control plan or plan amendment. Notice, hearing, and final adoption of any proposed water control plan or plan amendment must comply with the provisions of this chapter. Lands may be added to or deleted from a district only by legislative modification of the special act that contains the charter of the district.

2. (2) Before adopting a water control plan or plan amendment, the board of supervisors must adopt a resolution to consider adoption of the proposed plan or plan amendment. As soon as the resolution proposing the adoption or amendment of the district's water control plan has been filed with the district secretary, the board of supervisors shall give notice of a public hearing on the proposed plan or plan amendment by causing publication to be made once a week for 3 consecutive weeks in a newspaper of general circulation published in each county in which lands and other property described in the resolution are situated. The notice must be in substantially the following form:

   Notice of Hearing

   To the owners and all persons interested in the lands corporate, and other property in and adjacent to the name of district District.

   You are notified that the name of district District has filed in the office of the secretary of the district a resolution to consider approval of a water control plan or an amendment to the current water control plan to provide here insert a summary of the proposed water control plan or plan amendment . On or before its regularly scheduled meeting of (date and time) at the district's offices located at (list address of offices) written objections to the proposed plan or plan amendment may be filed at the district's offices. A public hearing on the proposed plan or plan amendment will be conducted at the regularly scheduled meeting, and written objections will be considered at that time. At the conclusion of the hearing, the board of supervisors may determine to proceed with the process for approval of the proposed plan or plan amendment and direct the district engineer to prepare an engineer's report identifying property to be taken, assessing benefits and damages, and estimating the cost of improvement associated with the proposed plan or plan amendment. A final hearing on approval of the proposed plan or plan amendment and engineer's report shall be duly noticed and held at a regularly scheduled board of supervisors meeting within 60 days after filing of the engineer's report with the secretary of the district.

   Date of first publication: __________, 19_____ _______________________________________________________

   (Chairman, Board of Supervisors)

   ____________________ County, Florida

3. (3) In addition to the publication of notice, a copy of the notice shall be served by first class mail on any owner of land within the district as shown on the current tax rolls, the water management district created under chapter 373 within which the district is located, the board of county commissioners of the county, and the governing body of any municipality within which the district is located.
4. (4) The engineer may at any time call upon the attorney of the district for legal advice and information relative to his duties. The engineer shall proceed to view the premises and determine the value of all lands, within or without the district, to be acquired by purchase or condemnation and used for rights-of-way, or other works set out in the proposed plan or plan amendment. The engineer shall assess the amount of benefits and the amount of damages, if any, that will accrue to each subdivision of land (according to ownership), from carrying out and putting into effect the proposed plan or plan amendment. The engineer shall assess only those benefits that are derived from the construction of the works and improvements set out in the proposed plan or plan amendment. The engineer has no power to change the proposed plan or plan amendment without board approval.
5. (5) The engineer shall prepare a report arranged in tabular form, the columns of which are to be headed as follows: column one, "owner of property assessed"; column two, "description of property assessed"; column three, "number of acres assessed"; column four, "amount annual assessment assessed"; column five, "total assessments"; column six, "number of acres to be taken for rights-of-way, district works, etc."; column seven, "increased value of property from improvement." The engineer shall also, by and with the advice of other employees and consultants of the district, estimate the cost of the works set out in the proposed plan or plan amendment, including the cost of and the probable expense of organization and administration. If the engineer's estimate of increased property value exceeds the total amount of assessments to be levied against a parcel, benefits are deemed to exceed damages. A maintenance assessment recommendation must also be included in each engineer's report. However, the maintenance assessment may not be considered as part of the costs of installation or construction specified by the proposed plan or plan amendment in determining whether benefits exceed damages. The report shall be signed by the engineer and filed in the office of the secretary of the district. The secretary of the district, or deputy thereto, shall assist as needed in preparation of the report.

6. (6) Upon the filing of the engineer's report, the board of supervisors shall give notice thereof by arranging the publication of the report together with a geographical depiction of the district once a week for 2 consecutive weeks in a newspaper of general circulation in each county in the district. The notice must be substantially as follows:

   Notice of Filing Engineer's Report for ____________________ District

   Notice is given to all persons interested in the following described land and property in __________ County (or Counties), Florida, viz.: (Here describe land and property) included within the _______________ district that the engineer hereto appointed to assess benefits and damages to the property and lands situated in the district and to appraise the cash value of the land necessary to be taken for rights-of-way and other works of the district, within or without the limits of the district, under the proposed water control plan or plan amendment, filed his report in the office of the secretary of the district, located at (list address of district offices), on the __________ day of _______________, 19_____, and you may examine the report and file written objections with the secretary of the district to all, or any part thereof, on or before (enter date 20 days after the last scheduled publication of this notice, which date must be before the date of the final hearing) . The report recommends (describe assessment schedule) . If approved, the assessment will be collected by the county tax collector. A final hearing to consider approval of the report and proposed water control plan or plan amendment shall be held (time, place, and date at least 30 days after the last scheduled publication of this notice, but no later than 60 days after filing of the engineer's report) .

   Date of first publication: __________, 19_____ _______________________________________________________

   (Chairman, Board of Supervisors)

   ____________________ County, Florida

7. (7) Any party identified in subsection (3) may file written objections with the secretary of the district to any part or all of the engineer's report and the proposed plan or plan amendment, within 20 days after the last published notice of filing of the engineer's report.
8. (8) All objections must be heard and determined by the board of supervisors at the public hearing so as to carry out liberally the purposes and needs of the district. If the board of supervisors determines at the final public hearing, upon examination of the engineer's report and upon hearing all of the objections, that the estimated cost of construction of improvements contemplated in the plan or plan amendment is less than the benefits assessed against the lands in the district, the board of supervisors shall approve and confirm the engineer's report; but, if the board of supervisors determines that any of the objections should be sustained, it shall order the report changed to conform with its findings, and when changed, the board of supervisors shall approve and confirm or disapprove, as appropriate, the report and enter its order approving or disapproving, as appropriate, the report and proposed plan or plan amendment. When any land or other property is shown by the engineer's report to be needed for rights-of-way, or other works, the board of supervisors may institute proceedings under chapter 73 or chapter 74 in the circuit court of the proper county to condemn the lands and other property that must be taken or damaged in the making of improvements, with the right and privilege of paying into court a sum to be fixed by the circuit court judge and of proceeding with the work, before the assessment by the jury.
9. (9) Any party identified in subsection (3) may challenge the decision of the board in the manner and time provided by the Florida Rules of Civil and Appellate Procedure. If it is determined by court order that any tract or lot of land or parts thereof, upon which a non-ad valorem assessment is authorized and levied, will not be benefited by or receive any benefit from the completion of the plan or plan amendment, or will be burdened disproportionately to other similarly benefited land, then the non-ad valorem assessment may not be levied against that land.

History.--s. 13, ch. 97-40.