Title: Letter to Central and Southern Florida Flood Control District
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 Material Information
Title: Letter to Central and Southern Florida Flood Control District
Alternate Title: Letter to Central and Southern Florida Flood Control District with proposed draft of bill to provide for orderly transition from the current fiscal year to the new year. Attached are two additional copies incorporating changes in the Bill.
Physical Description: Book
Language: English
Publication Date: Feb. 21, 1974
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 3B ( LEGISLATION - BOX 3, FOLDER 3 ), Item 42
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051423
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


rl.
GIIIONS., Tuc:Klmn,K MAlcWEN. SMITI OVFR & TAIUB
A'Ii'()NKYS AND COUNMNCI.(OIH AT LAW

l000 MADIIIHN RFTi'T'I. I. (. BOX 1303
M. U, ( rIlIt) NII INO/'.IUI.:
TAMPA. FLOV IDA .33601. OITN11Y UItIMNS, o. I1o0-O1
(813) 22 .-7841 LISTrFI M. ILAI. I'11111,P IAZ.ZAIA
IAHRIY 1. (1lI(IIT'KNBMN JAM11FH M. MCEWIN
JOEPI'I 11. CoFIrK M. II A1,IIFOI) MILLER
TROMAS ]. CONE, JH. WIILLIAM W. ILATIT
A. F'LETCIIHER DYCITEM J. PHIILLIP ROIRT
J. MICHAEL i'OUD ARMIN II. MITI, .IR.
ARTIUR S. (IIlIONS JUCIIARI) N. blTEIN
February 21, 1974 MYRON 0. oGIBONS HHODo,,( RE ,
SAM M. GIBBONS Wt. FAIIE TUCKER
JOHN A. GUYTON, JR. JACQUELINE B. WHATLEY
ROBBRT V. WILLIAMS


II RP'LY RBFER TO*

Mr. E. G. Dail, Jr.
Executive Director
Central & Southern Florida
Flood Control District
P. 0. Box 1671
West Palm Beach, Florida 33402

RE: Fiscal Year

Dear Ed:

Attached please find proposed draft of a bill which would
provide for an orderly transition from our current fiscal year
to the new year as well as to allow for revenue increases where
required.

We were surprised to hear that you were contemplating to advocate
keeping it at the July 1 year,since we had understood you agreed
with us that the October 1 year has many advantages.

Please feel free to use the attached bill if you change your
mind. I am sending a copy to Bob Langford at his home in the
event this does not reach you before you go to Tallahassee on
Monday.

Sincerely,




L. M. Blain

LMB/qh

Enclosure

cc: Mr. Bob Lanqford
Mr. Bob Grafton
Mr. D. R. Feaster
Mr. Derrill McAteer
Mr. Clint Schultz
Mr. Myron Gibbons













2

3 A bill to be entitled

4 An act relating to Water Management Districts,

5 budgets and fiscal years; amending sections

6 373.536 (1), (3) and (4), Florida Statutes

7 (formerly sections 378.28 (1), (3) and (4),

8 Florida Statutes), adding subsection (5) thereto,

9 changing the fiscal year, providing new date for

10 completion of tentative budget, changing method of

11 publication of notice, deleting dates within which

12 hearings must be held, providing alternative

13 budgetary plans to cover the interim; amending

14 section 37-3.539, Florida Statutes (formerly sec-

15 tion 378.29, Florida Statutes) adding subsections

16 (5) and (6), establishing method of levying ad

17 valorem taxes in compliance with section 200.061,

18* Florida Statutes, providing a method for determin-

19 ing the millage rate for the interim, providing

20 for proration of annual revenue over the fiscal
21 period of the interim, providing alternative

22 procedure in event certification of millage rates

23 by.tax assessors is late.

24

25 Be It Enacted by the Legislature of the State of Florida:

26

27 Section 1. Subsections (1), (3) and (4) of section

28 373.536, Florida Statutes (formerly Section 378.28, Florida

29 Statutes) are amended and subsection (5) is created to

30

31






CODING: Words in struck through 'type are
deletions from existing law; words
underlined are additions.












1 read: I W=W woo*. /
2 373,536 ig.- __deL" -tleeru

3 (1) Commencing July-+7-1956 October 1, 1975, the

4 fiscal year of districts created under the provisions of

5 this chapter shall extend from tuly-+ October 1 of one year

6 through dune-38 September 30 of the following year. The

7 governing board of the district, shall between-April~-

8 and-le on or before July 15 of each year complete the pre-

9 paration of a tentative budget for the district covering

10 its proposed operation and requirements for the ensuing

11 fiscal year. The budget shall set forth, classified by

12 object and purpose, and by fund if so designated, the

13 proposed expenditures of the district for bonds or other

14 debt, for construction for acquisition of land, and other

15 purposes, for operation and maintenance of the district's

16 works, the conduct of the affairs of the district gener-

17 ally, to which may be added an amount to be held as a

18 reserve.

19 (3) On a date to be fixed by the governing board,

20 between-Aprii-ie-and-96-of each year the board shall'pub-

21 lish a notice of its intention to adopt the budget or as

22 the same may be amended for the district for the ensuing

23 fiscal year. The notice shall set forth the tentative

24 budget in full, and shall be notice to all owners of prop-

25 erty subject to the district taxes that on a date and at

26 a place appearing in the notice, opportunity will be

27 afforded to such owners, their attorneys or agents, to

28 appear before the board and show their objections to the

29 to the budget. The notice shall be published for two

30

31 ^






CODING: Words in struck through 'type are
deletions from existing law; words
underlined are additions.












1 consecutive weeks, in any one or morrneewspapeyrnewspapers

2 qualified to accept legal advertisements having a combined

3 general circulation in eaeh-ceunty the counties having

4 land in the district, the last insertion of which shall

5 appear not less than one nor more than three weeks prior to

6 the date set by the board for the hearing on the budget,

7 or if there be no such newspaper then by posting the notice

8 as provided by 50.021.

9 (4) The hearing will be by and before the governing

10 board of the district on a date to be fixed by the board

11 not sooner than one week and not later than three weeks
12 after the date of the last publication of notice of inten-

13 tion to adopt the budget and may be continued from day to

14 day until terminated by the board. Promptly thereafter,

15 the governing board shall give consideration to objections

16 filed against the budget and in its discretion may amend,

17 modify or change the tentative budget. The board shall

18 by-cane-10-fellew~ng adopt a final budget for the district

19 which shall thereupon be the operating and fiscal guide

20 for the district for the ensuing year; provided, however,

21 transfers of funds may be within the budget by action of

22 the governing board. Should the district receive unanti-

23 cipated funds after the adoption of the final budget, the

24 final budget may be amended by including the said funds,

25 so long as notice of intention to amend shall be published

26 one time in a one or more\newspaper newspapers qualified

27 to accept legal advertisements having a combined general

28 circulation in each-county the counties in the district.

29 The notice shall set forth the proposed amendment and

30

31 3






CODING: Words in struck through 'type are
deletions from existing law; words
underlined are additions.











1 shall be published at least ten days prior to the public

2 meeting of the board at which the proposed amendment is

3 to be considered. Provided, in the event of disaster or

4 of emergency arising to prevent or avert the same, the

5 governing board shall not be limited by the budget but

6 shall have authority to apply such funds as may be avail-

7 able therefore or as may be procured for such purpose.

8 (5) For the period from July 1, 1974 through September

9 30, 1975, the districts created pursuant to this chapter

10 may adopt two (2) separate budgets to cover a twelve (12)

11 month fiscal year and a three (3) month fiscal or a single

\X 12 budget to cover a fifteen (15) month fiscal year. JOther

13 than the times specified, such budgets shall be adopted

Y 14 in compliance with the provisions of this section.

15 Section 2. Section 373.539, Florida Statutes (former-

16 ly section 378.29, Florida Statutes) is amended by adding

17 new subsections (5) and (6) to read:

18 373.539

19 (5) For each fiscal year commencing October 1, 1975

20 and thereafter, the governing board of the district shall

21 comply with the provisions of section 200.061, Florida

22 Statutes provided that the governing board may advertise

23 its notice of ad valorem tax levy in one or more news-

24 papers qualified to accept legal advertisements having a

25 combined general circulation in -M)(iggthe counties

26 having land in the district, and provided further that

27 when one or more tax assessors shall have failed prior to

28 August 1 to certify the millage rates as prescribed by

29 subsection 200.061 (1), Florida Statutes, the governing

30








CODING: Words in struck through type are
deletions from existing law; words
underlined are additions.












1 board may proceed to publish notice and hold a hearing as

2 provided in such section 200.061 stating in the notice

3 that such tax assessors have failed to certify the tax rate-

4 ort the tax ratesAlevied for the re-

t 5 ceding vear ..40' t V W

6 (6) For the period from July 1, 1974 through Septem-

7 ber 30, 1975 the districts created pursuant to this chapter

8 may request the respective tax assessors to provide the

9 district with an estimate of the millage rate which will

10 provide the same ad valorem revenue for the district as

11 was levied for the twelve (12) month.period during the

, 12 prior year, exclusive of new construction, improvements,

13 and deletions as provided in subsection 200.061 (1)_-

14 Florida Statutes; which estimate shall be delivered within

15 ten (10) days after receipt of the request. The district

16 shall then prorate the revenue on a monthly basis to cor-

17 respond with the length of the fiscal period to determine

18 whether notice and hearing shall be required as provided

X 19 in section 200.061. When one or more assessors shall

20 fail to deliver such estimate the district may proceed in

21 the same manner as prescribed in subsection (5) of this

y 22 section.

23 Section 3. This act shall take effect immediately
24 upon becoming law.

25

26

27

28

29

30

31






CODING: Words in struck through type are
deletions from existing law; words
underlined are additions.












1

2

3 A bill to be entitled

4 An act relating to Water Management Districts,

5 budgets and fiscal years; amending sections

6 373.536 (1), (3) and (4), Florida Statutes

7 (formerly sections 378.28 (1), (3) and (4),

8 Florida Statutes), adding subsection (5) thereto,

9 changing the fiscal year, providing new date for

10 completion of tentative budget, changing method of

11 publication of notice, deleting dates within which

12 hearings must be held, providing alternative

13 budgetary plans to cover the interim; amending

14 section 373.539, Florida Statutes (formerly sec-

15 tion 378.29, Florida Statutes) adding subsections

16 (5) and (6), establishing method of levying ad

17 valorem taxes in compliance with section 200.061,

18 Florida Statutes, providing a method for determin-

19 ing the millage rate for the interim, providing

20 for proration of annual revenue over the fiscal

21 period of the interim, providing alternative

22 procedure in event certification of millage rates

23 by tax assessors is late.

24

25 Be It Enacted by the Legislature of the State of Florida:

26

27 Section 1. Subsections (1), (3) and (4) of section

28 373.536, Florida Statutes (formerly Section 378.28, Florida

29 Statutes) are amended and subsection (5) is created to

30

31 1






CODING: Words in struck through 'type are
deletions from existing law; words
underlined are additions.













1 read:

2 373.536 District budget and hearing thereon.--

3 (1) Commencing July-17-1956 October 1, 1975, the

4 fiscal year of districts created under the provisions of

5 this chapter shall extend from July-I October 1 of one year

6 through June-38 September 30 of the following year. The

7 governing board of the district, shall between-Apr~~-b

8 and-18 on or before July 15 of each year complete the pre-

9 paration of a tentative budget for the district covering

10 its proposed operation and requirements for the ensuing

11 fiscal year. The budget shall set forth, classified by

12 object and purpose, and by fund if so designated, the

13 proposed expenditures of the district for bonds or other

14 debt, for construction for acquisition of land, and other

15 purposes, for operation and maintenance of the district's

16 works, the conduct of the affairs of the district gener-

17 ally, to which may be added an amount to be held as a

18 reserve.

19 (3) On a date to be fixed by the governing board,

20 be~tween-Apri -i-and- 6-of each year the board shall pub-

21 lish a notice of its intention to adopt the budget or as

22 the same may be amended for the district for the ensuing

23 fiscal year. The notice shall set forth the tentative

24 budget in full, and shall be notice to all owners of prop-

25 erty subject to the district taxes that on a date and at

26 a place appearing in the notice, opportunity will be

27 afforded to such owners, their attorneys or agents, to

28 appear before the board and show their objections to the

29 to the budget. The notice shall be published for two

30

31 2







CODING: Words in struck through 'type are
deletions from existing law; words
underlined are additions.













1 consecutive weeks, in any-newspaperione or more newspapers

2 qualified to accept legal advertisements having a combined

3 general circulation in eaeh-eeunty the counties having

4 land in the district, the last insertion of which shall

5 appear not less than one nor more than three weeks prior to

6 the date set by the board for the hearing on the budget,

7 or if there be no such newspaper then by posting the notice

8 as provided by 50.021.

9 (4) The hearing will be by and before the governing

10 board of the district on a date to be fixed by the board

11 not sooner than one week and not later than three weeks

12 after the date of the last publication of notice of inten-

13 tion to adopt the budget and may be continued from day to

14 day until terminated by the board. Promptly thereafter,

15 the governing board shall give consideration to objections

16 filed against the budget and in its discretion may amend,

17 modify or change the tentative budget. The board shall

18 by-?une-10-3eilewng adopt a final budget for the district

19 which shall thereupon be the operating and fiscal guide

20 for the district for the ensuing year; provided, however,

21 transfers of funds may be within the budget by action of

22 the governing board. Should the district receive unanti-

23 cipated funds after the adoption of the final budget, the

24 final budget may be amended by including the said funds,

25 so long as notice of intention to amend shall be published

26 one time in a-newspaper one or more newspapers qualified

27 to accept legal advertisements having a combined general

28 circulation in each-county the counties in the district.

29 The notice shall set forth the proposed amendment and

30

31 3







CODING: Words in struck through "type are
deletions from existing law; words
underlined are additions.












1 shall be published at least ten days prior to the public

2 meeting of the board at which the proposed amendment is

3 to be considered. Provided, in the event of disaster or

4 of emergency arising to prevent or avert the same, the

5 governing board shall not be limited by the budget but

6 shall have authority to apply such funds as may be avail-

7 able therefore or as may be procured for such purpose.

8 (5) For the period from July 1, 1974 through September

9 30, 1975, the districts created pursuant to this chapter

10 may adopt two (2) separate budgets to cover a twelve (12)

11 month fiscal year and a three (3) month fiscal or a single

12 budget to cover a fifteen (15) month fiscal year. Other

13 than the times specified, such budgets shall be adopted

14 in compliance with the provisions of this section.

15 Section 2. Section 373.539,, Florida Statutes (former-

16 ly section 378.29, Florida Statutes) is amended by adding

17 new subsections (5) and (6) to read:

18 373.539 Imposition of taxes.--

19 (5) For each fiscal year commencing October 1, 1975

20 and thereafter, the governing board of the district shall

21 comply with the provisions of section 200.061, Florida

22 Statutes provided that the governing board may advertise

23 its notice of ad valorem tax levy in one or more news-

24 papers qualified to accept legal advertisements having a

25 combined general circulation in the counties having land in

26 the district, and provided further that when one or more tax

27 when one or more tax assessors shall have failed ior to

2 August 1 to certify the millage rates as prescribed.by

29 subsection 200.061 (1), Florida Statutes, the g rning'..



31 4






CODING: Words inhlogh type r-
deletions existing law; words
underlined a;r .. additions. (












1 notice and hold a hearing as provided in such section 200.061

2 stating in the notice that such tax assssors have failed to

3 certify the tax rate. Such notice shall set forth the tax

4 rates and amounts levied for the preceding year and the tax

5 rate and amount proposed for the following year.

6 (6) For the period from July 1, 1974 through September

7 30, 1975 the districts created pursuant to this chapter

8 may request the respective tax assessors to provide the

9 district with an estimate of the millage rate which will

10 provide the same ad valorem revenue for the district as

11 was levied for the twelve (12) month period during the

12 prior year, exclusive of new construction, improvements,

13 and deletions as provided in subsection 200.061 (1),

14 Florida Statutes; which estimate shall be delivered within

15 ten (10) days after receipt of the request. The district

16 shall then prorate the revenue on a monthly basis to cor-

17 respond with the length of the fiscal period to determine

18 whether notice and hearing shall be required as provided

19 in section 200.061. When one or more assessors shall

20 fail to deliver such estimate the district may proceed in

21 the same manner as prescribed in subsection (5) of this

22 section.

23 Section 3. This act shall take effect immediately

24 upon becoming law.

25

26

27

28

29

30

31 5







CODING: Words in struck through type are
deletions from existing law; words
underlined are additions.






138"-85




1

2

3 A bill to be entitled

4 An act relating to water management districts,

5 budgets and fiscal years; amending 373.536(1),

6 (3), and (4), Florida Statutes, 1973, (formerly

7 S378.28(1), (3) and (4), Florida Statutes), and

8 adding a subsection; changing the fiscal year;

9 providing new date for completion of tentative

10 budget; changing method of publication of notice;

11 deleting dates within which hearings must be

12 held; providing alternative budgetary plans to

13 cover the interim; adding subsections (5) and (6)

14 to 373.539, Florida Statutes, 1973, (formerly

15 S378.29, Florida Statutes), establishing method of

16 levying ad valorem taxes in compliance with 200.065,

17 Florida Statutes; providing a method for determin-

18 ing the millage rate for the interim; providing

19 for proration of annual revenue over the fiscal

20 period of the interim; providing alternative pro-

21 cedure in event certification of millage rates

22 by tax assessors is late; providing an effective

23 date.

24

25 Be It Enacted by the Legislature of the State of Florida:

26

27 Section 1. Subsections (1), (3) and (4) of section

28 373.536, Florida Statutes, 1973 (formerly section 378.28, Flor-

29 ida Statutes), are amended and subsection (5) is added to said

30

31





138-85 -





1 section to read:

2 373.536 District budget and hearing thereon.--

3 (1) Commencing October 1, 1975 Suly-17-1956, the

4 fiscal year of districts created under the provisions of this

5 chapter shall extend from October 1 auly-l of one year through

6 September 30
7 board of the district, shall on or before July 15 between

8 April-I-and-le of each year complete the preparation of a

9 tentative budget for the district covering its proposed opera-

10 tion and requirements for the ensuing fiscal year. The budget

11 shall set forth, classified by object and purpose, and by fund

12 if so designated, the proposed expenditures of the district

13 for bonds or other debt, for construction, for acquisition of

14 land, and other purposes, for operation and maintenance of the

15 district's works, the conduct of the affairs of the district

16 generally, to which may be added an amount to be held as a

17 reserve.

18 (3) On a date to be fixed by the governing board,

19 between-Apri-19-and-2S-ef each year the board shall publish

20 a notice of its intention to adopt the budget or as the same

21 may be amended for the district for the ensuing fiscal year.

22 The notice shall set forth the tentative budget in full, and

23 shall be notice to all owners of property subject to the

24 district taxes that on a date and at a place appearing in the

25 notice, opportunity will be afforded to such owners, their

26 attorneys or agents, to appear before the board and show their

27 objections to the budget. The notice shall be published for

28 two consecutive weeks, in one (1) or more newspapers any-news-

29 paper qualified to accept legal advertisements having a
30

31
2





138-85 ,





1 combined general circulation in the counties each-county

2 having land in the district, the last insertion of which shall

3 appear not less than one nor more than three weeks prior to

4 the date set by the board for the hearing on the budget, or if

5 there be no such newspaper then by posting the notice as pro-

6 vided by 50.021.

7 (4) The hearing will be by and before the governing

8 board of the district on a date to be fixed by the board not

9 sooner than one week and not later than three weeks after

10 the date of the last publication of notice of intention to

11 adopt the budget and may be continued from day to day until

12 terminated by the board. Promptly thereafter, the governing

13 board shall give consideration to objections filed against the

14 budget and in its discretion may amend, modify or change the

15 tentative budget. The board shall by-aune-e8-fellewing adopt

16 a final budget for the district which shall thereupon be the

17 operating and fiscal guide for the district for the ensuing

18 year; provided, however, transfers of funds may be made with-

19 in the budget by action of the governing board at a public

20 meeting of the governing board. Should the district receive

21 unanticipated funds after the adoption of the final budget,

22 the final budget may be amended by including the said funds,

23 so long as notice of intention to amend shall be published

24 one time in one (1) or more newspapers a-newspaper qualified

25 to accept legal advertisements having a combined general

26 circulation in the counties eaeh-ceunty in the district. The

27 notice shall set forth the proposed amendment and shall be

28 published at least ten days prior to the public meeting of

29 the board at which the proposed amendment is to be considered.
30

31






138-85




1 Provided, in the event of disaster or of emergency arising to

2 prevent or avert the same, the governing board shall not be
3 limited by the budget but shall have authority to apply such

4 funds as may be available therefore or as may be procured for

5 such purpose.

6 (5) For the period from July 1, 1974, through September

7 30, 1975, the districts created pursuant to this chapter may

8 adopt two (2) separate budgets to cover a twelve (12) month

9 fiscal year and a three (3) month fiscal year or a single budg-

10 et to cover a fifteen (15) month fiscal year. Other than the

11 times specified, such budgets shall be adopted in compliance

12 with the provisions of this section.

13 Section 2. Subsections (5) and (6) are added to sec-

14 tion 373.539, Florida Statutes, 1973, (formerly section 378.29,

15 Florida Statutes),- to read:

16 373.539 Imposition of taxes.--

17 (5) For each fiscal year commencing October 1, 1975,

18 and thereafter, the governing board of the district shall

19 comply with the provisions of S200.065, provided that the

20 governing board may advertise its notice of ad valorem tax
21 levy in one (1) or more newspapers qualified to accept legal

22 advertisements having a combined general circulation in the

23 counties having land in the district. When one (1) or more

24 tax assessors shall have failed prior to August 1 to certify

25 the millage rates as prescribed by 200.065(1), the governing

26 board may proceed to publish notice and hold a hearing as pro-

27 vided in 200.065 stating in the notice that the tax assessors

28 have failed to certify the tax rate, and the governing board

29 shall compute the millage rate which will provide the same
30

31
4





138-85





1 ad valorem revenue for the district as was levied during the

2 prior year, using the assessment roll for the prior year. The

3 notice shall set forth the tax rates and amounts levied for

4 the preceding year and the tax rate and amount proposed for the

5 following year.

6 (6) For the period from July 1, 1974, through September

7 30, 1975, the districts created pursuant to this chapter may

8 request the respective tax assessors to provide the district

9 with an estimate of the millage rate which will provide the

10 same ad valorem revenue for the district as was levied for the

11 twelve (12) month period during the prior year, exclusive of

12 new construction, improvements, and deletions as provided in

13 200.065(1), which estimate shall be delivered within ten (10)

14 days after receipt of the request. The district shall then

15 prorate the revenue on a monthly basis to correspond with the

16 length of the fiscal period to determine whether notice and

17 hearing shall be required as provided in 200.065. When one

18 (1) or more assessors fail to deliver such estimate, the

19 district may proceed in the same manner as prescribed in sub-

20 section (5).

21 Section 3. This act shall take effect upon becoming

22 a law.

23

24

25

26

27

28

29

30

31




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