H 4099

F   L      O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
    HB 4099  2026
1A bill to be entitled
2An act relating to the South Indian River Water
3Control District, Palm Beach County; amending chapter
42001-313, Laws of Florida, as amended; increasing the
5number of members of the governing board; including
6fractions of acres in all gross acreage owned by a
7landowner; providing for compensation for supervisors
8attending board meetings; requiring competitive
9bidding for certain positions; revising residence
10requirements for members of the board; providing for
11staggering of terms, annual elections, and election of
12board officers; requiring an election; removing
13outdated language; requiring the board to authorize
14the formation of an engineering plan under certain
15circumstances; providing a limitation of a one-time
16special assessment; authorizing district money to be
17expended before the levy of such special assessment;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22Section 1.       Subsections (5), (6), and (8) of section 2,
23subsection (1) of section 3, and sections 9 through 16 of
24section 3 of chapter 2001-313, Laws of Florida, as amended, are
25amended to read:
                                                  Page 1 of 12
 CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb4099-00
F   L   O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
 HB 4099  2026
26Section 2.       Minimum charter requirements.—In accordance
27    with section 189.404(3), Florida Statutes, the following
28    subsections shall constitute the minimum charter requirements
29    for the South Indian River Water Control District:
30(5)     In accordance with chapter 189, Florida Statutes, this
31    act, and chapter 298, Florida Statutes, the District is governed
32    by a six-member five-member board, elected based upon the gross
33    acreage owned by a landowner. The number of votes cast shall be
34    equal to the landowner's total gross acreage reported by the
35    Property Appraiser of Palm Beach County, inlcuding any fractions
36    of acres on a one-acre, one-vote basis by the landowners in the
37    District. The election, membership, and organization of the
38    board shall be as set forth in this act and chapter 298, Florida
39    Statutes, as they may be amended from time to time.
40(6)     The compensation of board members shall be limited to
41    a maximum of $50 for physically attending a meeting of the board
42    of supervisors governed by this act and chapter 298, Florida
43    Statutes, as they may be amended from time to time.
44(8)     Requirements for financial disclosure, meeting
45    notices, reporting, public records maintenance, and per diem
46    expenses for officers and employees shall be as set forth in
47    chapters 112, 189, 286, and 298, Florida Statutes, as they may
48    be amended from time to time. No less than every 3 years, a
49    Request for Proposal (RFP) shall be advertised for positions of
50    accountant, attorney, and engineer.
                                               Page 2 of 12
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                      hb4099-00
F   L   O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
 HB 4099  2026
51Section 3.       Board of Supervisors; elections.—
52(1)     The Board of Supervisors of the South Indian River
53    Water Control District shall consist of six five members, at
54    least three of whom but not more than four of whom shall reside
55    in the District, at least one of whom shall reside to the East
56    of Canal 18, and three at least one of whom shall reside to the
57    West of Canal 18, and shall each be elected by the landowners of
58    each respective side of Canal 18. Immediately following the
59    enactment of this act, an election shall be held for the six
60    positions. The two candidates receiving the highest number of
61    votes from each area shall serve 3-year terms, the two
62    candidates receiving the second highest number of votes shall
63    serve 2-year terms, and the two candidates with the third
64    highest number of votes shall serve 1-year terms. Elections
65    shall occur annually thereafter as the initial terms expire. The
66    candidates with the highest number of votes in the subsequent
67    elections shall be elected for 3-year terms. In even-numbered
68    years, the members of the board elected from the area East of
69    Canal 18 shall elect the President, the Vice President, and the
70    Secretary for the Board that year.
71Section 9.       Annexation; outfall limitation.—
72(1)     Upon the occurrence of the events described in
73    paragraph (3), the following lands shall be annexed into the
74    South Indian River Water Control District in Palm Beach County,
75    and the boundary lines of the South Indian River Water Control
                                               Page 3 of 12
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                      hb4099-00
F   L   O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
 HB 4099  2026
76    District are hereby extended to include an area of land
77    consisting of the West one-half of Section 4, and the East one-
78    half of Section 5, Township 41 South, Range 41 East, less the
79    State Road 706 right-of-way, in Palm Beach County, said area
80    being contiguous to lands presently within the District.
81(2)     The Plan of Reclamation for the area to be annexed
82    shall be that Plan which was approved by the Engineer for the
83    District, was constructed to the satisfaction of the Engineer
84    for the District, and is maintained in the District's Minutes
85    labeled "Indian Lakes Estates, Palm Beach County, Florida,
86    prepared by Shalloway, Inc., Engineer of Record for Stuart
87    Enterprises, Drawing #79-37-01 consisting of Sheets 1 through 5
88    plus the cover sheet and all amendments/changes thereto." For
89    25-year storm conditions, the maximum outfall from the annexed
90    area into the remainder of the District shall not exceed 8 cubic
91    feet per second. For 100-year storm conditions, the maximum
92    outfall from the annexed area into the remainder of the District
93    shall not exceed 13 cubic feet per second.
94(3)     This annexation shall take effect upon certification
95    to the Secretary of State of the approval of the Circuit Court
96    of the Eighth Plan of Reclamation, a final Report of the
97    Commissioners, upon the District's ability to implement reverse
98    flow through the G-92 Structure, through contract with the South
99    Florida Water Management District.
                                               Page 4 of 12
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                      hb4099-00
F   L    O   R     I   D   A   H   O   U    S   E     O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
100Section 9.10.  Formulation and implementation of road plan
101    and water control plans.—
102(1)     The Board of Supervisors of the South Indian River
103    Water Control District in Palm Beach County is hereby authorized
104    to proceed in accordance with the provisions of chapter 298,
105    Florida Statutes, and the District Engineer is hereby given the
106    additional authority, in conjunction with the District
107    Engineer's powers pursuant to section 298.16, Florida Statutes,
108    to formulate a road plan and water control plans for all of the
109    lands within the District and to formulate plans for providing
110    potable water distribution and wastewater collection systems to
111    those lands within the District lying East of Canal 18 of the
112    South Florida Water Management District, and to the Northeast
113    Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) plus the
114    North one-half (N 1/2) of the North one-half (N 1/2) of the
115    Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of
116    Section 1, Township 41 South, Range 41 East, in Palm Beach
117    County, with different taxing areas within the taxing District
118    according to the benefits received, and to revise the plans
119    according to the benefits received from time to time, taking
120    into consideration both construction and maintenance benefits so
121    as to most equitably provide for taxation according to benefits.
122    The Board of Supervisors is hereby given the additional
123    authority, in conjunction with its powers pursuant to section
124    298.22, Florida Statutes, to implement and authorize
                                                Page 5 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
125    construction and maintenance of those improvements outlined in
126    the road plan, water control plans, and potable water
127    distribution and wastewater collection systems plans, according
128    to the benefits received so as to most equitably provide for
129    taxation within the taxing District.
130(2)     In order to implement the road plan and water control
131    plans of the District, and the potable water distribution and
132    wastewater collection systems plans for all lands within the
133    District lying East of Canal 18 of the South Florida Water
134    Management District, and to the Northeast Quarter (NE 1/4) of
135    the Northeast Quarter (NE 1/4) plus the North one-half (N 1/2)
136    of the North one-half (N 1/2) of the Southeast Quarter (SE 1/4)
137    of the Northeast Quarter (NE 1/4) of Section 1, Township 41
138    South, Range 41 East, in Palm Beach County, the Board of
139    Supervisors of the South Indian River Water Control District is
140    hereby authorized to exercise any and all powers granted to the
141    District in this act, sections 298.22 and 298.23, Florida
142    Statutes, and elsewhere in chapter 298, Florida Statutes. The
143    Board of Supervisors is hereby further authorized to take any
144    and all actions necessary to implement the road plan and water
145    control plans of the District, and potable water distribution
146    and wastewater collection systems plans for all lands lying East
147    of Canal 18 of the South Florida Water Management District, and
148    to the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE
149    1/4) plus the North one-half (N 1/2) of the North one-half (N
                                                Page 6 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
150    1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter
151    (NE 1/4) of Section 1, Township 41 South, Range 41 East, in Palm
152    Beach County.
153Section 10.11.  Formation of engineering plan East of Canal
154    18.—The Board of Supervisors shall authorize is hereby
155    prohibited from authorizing the formation of an engineering
156    plan, including estimated costs, when unless there is documented
157    evidence that at least 25 percent of the affected landowners
158    desire to have such a plan formulated, and, thereafter, the
159    Board of Supervisors is prohibited from constructing any new
160    road or increasing the quality of any existing road within the
161    District, except for the placement of stable materials, or
162    constructing any facilities to provide potable water
163    distribution and wastewater collection systems to those lands
164    within the District lying East of Canal 18 of the South Florida
165    Water Management District, and to the Northeast Quarter (NE 1/4)
166    of the Northeast Quarter (NE 1/4) plus the North one-half (N
167    1/2) of the North one-half (N 1/2) of the Southeast Quarter (SE
168    1/4) of the Northeast Quarter (NE 1/4) of Section 1, Township 41
169    South, Range 41 East, in Palm Beach County, until there has
170    first been a vote in favor of the construction or improvement by
171    the owners of a majority of the parcels represented in the
172    voting after notice has been duly given to all of the owners of
173    the lands within the area to be benefited in the same manner as
174    notice is given and vote taken in the Annual Landowners Meeting.
                                                Page 7 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
175    A petition signed and notarized by the owners of 51 percent of
176    the parcels to be assessed shall and certified by the county
177    Supervisor of Elections will satisfy each of the above
178    requirements.
179Section 11.12.  Authority to fund engineering studies, road
180    improvements, recreational lands.—The Board of Supervisors of
181    the South Indian River Water Control District in Palm Beach
182    County is hereby authorized, empowered, and permitted to expend
183    funds of the District to pay for engineering studies for the
184    purpose of planning a road improvement program, and to pay for
185    the construction, maintenance, improvement, and repair of
186    dedicated roads and road rights-of-way, including the swales
187    thereof, within the District where such construction,
188    maintenance, improvement, and repair is not performed by other
189    governmental bodies and to levy special assessments to acquire,
190    construct, and maintain said improvements on the basis of
191    parcels benefited rather than acres benefited for said purposes.
192    The Board of Supervisors of the South Indian River Water Control
193    District is further authorized, empowered, and permitted to
194    expend funds of the District to pay for engineering studies for
195    the purpose of planning facilities to provide potable water
196    distribution and wastewater collection systems to those lands
197    lying East of Canal 18 of the South Florida Water Management
198    District, and to the Northeast Quarter (NE 1/4) of the Northeast
199    Quarter (NE 1/4) plus the North one-half (N 1/2) of the North one-
                                                Page 8 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
200    half (N 1/2) of the Southeast Quarter (SE 1/4) of the Northeast
201    Quarter (NE 1/4) of Section 1, Township 41 South, Range 41 East,
202    in Palm Beach County, in cooperation with the Town of Jupiter
203    and the Loxahatchee River Environmental Control District, and to
204    pay for the construction, maintenance, improvement, and repair
205    of those facilities where such construction, maintenance,
206    improvement, and repair is not performed by other governmental
207    bodies, and to levy special assessments, on the basis of parcels
208    or front footage benefited, acres benefited or other lawful
209    basis, for said purposes, and to transfer said facilities to the
210    Town of Jupiter and the Loxahatchee River Environmental Control
211    District for operation and maintenance. The Board of Supervisors
212    of the South Indian River Water Control District is further
213    authorized to hold, control, acquire by donation or purchase,
214    and maintain real and personal property for recreational
215    purposes for land within the District lying East of Canal 18 of
216    the South Florida Water Management District only, and to make it
217    available for the use of the landowners. The Board of
218    Supervisors is authorized to expend funds of the District to pay
219    for the maintenance of such property, the cost of which shall be
220    borne by the landowners owning land lying East of Canal 18 of
221    the South Florida Water Management District.
222Section 12.13.  One-time assessment for improvement
223    project.—At the time of beginning any improvement project
224    authorized by chapter 298, Florida Statutes, or any special
                                                Page 9 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
225    legislation for the South Indian River Water Control District,
226    the Board of Supervisors of the District is authorized and
227    empowered to levy a one-time special assessment not to exceed
228    $1,000 upon the land to be benefited to pay for the anticipated
229    initial legal and engineering planning cost of said project,
230    after notice has been given and an opportunity afforded to the
231    landowners to discuss the project at a regularly scheduled
232    meeting. The estimated initial planning cost of the project must
233    be presented as part of the annual budget. No District moneys
234    may be expended prior to the levy of said special assessment.
235Section 13.14.  Transfer of roads and potable water
236    distribution or wastewater collection systems to another
237    governmental entity.—If any governmental entity, whether
238    existing at this time or created in the future, elects to
239    construct, improve, or maintain any road within the District, or
240    elects to construct, improve, maintain, or operate facilities to
241    provide potable water distribution and wastewater collection
242    systems to those lands within the District lying East of Canal
243    18 of the South Florida Water Management District, and to the
244    Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)
245    plus the North one-half (N 1/2) of the North one-half (N 1/2) of
246    the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4)
247    of Section 1, Township 41 South, Range 41 East, in Palm Beach
248    County, and the owners of a majority of the parcels within the
249    District as a whole or a majority of the landowners within the
                                               Page 10 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
250    area to be benefited are in favor of said election, then the
251    Board of Supervisors shall cease constructing, improving, or
252    maintaining said road or roads or facilities providing potable
253    water distribution and wastewater collection systems to those
254    lands within the District lying East of Canal 18 of the South
255    Florida Water Management District, and to the Northeast Quarter
256    (NE 1/4) of the Northeast Quarter (NE 1/4) plus the North one-
257    half (N 1/2) of the North one-half (N 1/2) of the Southeast
258    Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 1,
259    Township 41 South, Range 41 East, in Palm Beach County, on a
260    date agreeable to the entity which elects to assume such
261    obligation, but in no event later than 30 days after the meeting
262    of the Board of Supervisors wherein the election and vote are
263    communicated to the board. Pursuant to this provision, and with
264    the agreement of the electing entity, the District may transfer
265    equipment, water, sanitary sewage lines, funds, materials, and
266    obligations to the electing entity.
267Section 14.15.  Authority to issue bonds.—The Board of
268    Supervisors of the South Indian River Water Control District is
269    hereby authorized to issue bonds to pay for the purchase of
270    equipment, the construction and improvement of dedicated roads
271    and road rights-of-way including the swales thereof within the
272    District, all drainage improvements within the District, and all
273    potable water distribution and wastewater collection systems
274    improvements for those lands within the District lying East of
                                               Page 11 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 4099  2026
275    Canal 18 of the South Florida Water Management District, and to
276    the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)
277    plus the North one-half (N 1/2) of the North one-half (N 1/2) of
278    the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4)
279    of Section 1, Township 41 South, Range 41 East, in Palm Beach
280    County. The provisions of chapter 298, Florida Statutes, as well
281    as all other applicable laws, shall be followed by the Board of
282    Supervisors of the South Indian River Water Control District in
283    Palm Beach County in issuing said bonds.
284Section 15.16.  No effect on bondholders.—Nothing in this
285    Act shall be deemed or construed in any manner to affect the
286    rights of the holders of any of the bonds heretofore issued by
287    said District in accordance with law, or of depriving said
288    bondholders or any of them of any right of action or remedy
289    given to them by law in connection with said bonds or the
290    enforcement of the collection of taxes to pay principal and
291    interest of the same.
292Section 2.       This act shall take effect upon becoming a law.
                                               Page 12 of 12
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb4099-00