FLORIDA STATUTES, 1967
Florida Board of Conservation
Creation of flood control district.
State cooperation with districts author-
Water resources development account.
Disbursements from water resources
Resolution of district for assistance
Authority of the division of water re-
sources and conservation of state
board of conservation.
Cooperation with the United States
and other agencies.
Petition to create district.
Costs and expenses of establishing dis-
Notice of filing petition.
Objections to creating district.
Court to set date for and to hear ob-
Governing board of the district.
Vacancies in the governing board; re-
moval from office.
Members of governing board; oath of
Rules and regulations; enforcement.
Providing for district works.
District works, operation by other gov-
Use of works by other districts.
Subdistricts within major districts.
Cost of organizing district.
To pay cost of works.
Determination of benefits.
Benefits to rights of way.
Hearings on benefits.
Consideration of objections.
Review; circuit court, district court of
378.01 Creation of flood control district.-
Any contiguous body of land in this state may
be created into a district for the following
(1) To cooperate with the United States in
the manner provided by congress for flood con-
trol, reclamation, conservation and allied pur-
poses in protecting the inhabitants, the land
and other property within the district from the
effects of a surplus or a deficiency of water
when the same may be beneficial to the public
health, welfare, safety and utility.
(2) To plan, construct, operate and main-
tain works of the district as hereinafter de-
(3) To determine, establish and control lev-
el of waters to be maintained in all canals,
lakes, rivers, channels, reservoirs, streams or
other bodies of water owned or maintained by
the district, and to maintain such waters at the
levels so determined and established by means
of dams, locks, flood gates, dikes and.other
structures; and to regulate the discharge into
or withdrawal from the canals, lakes, rivers,
channels, reservoirs, streams or other bodies of
378.26 Proportion of total benefits for tax as-
378.27 Readjustment of benefits.
378.28 District budget and hearing thereon.
378.29 Imposition of taxes.
378.30 Land held by trustees I.I. trust fund;
areas not taxed.
378.31 Unit areas.
378.32 Amending former decree incorporat-
378.33 Treasurer and depositories.
378.331 Investment of funds.
378.34 May borrow money temporarily.
378.36 Refunding bonds.
378.37 Bond election.
378.38 Bonds to be validated.
378.39 Sale of bonds.
378.40 Proceeds from taxes for bond purposes.
378.41 Registration of bonds.
378.42 Unpaid warrants to draw interest.
378.43 Audit by state auditor.
378.44 Publication of notices, process, papers,
378.45 Discretionary authority.
378.451 Promotion, advertisement and improve-
378.46 State agencies, cities, etc., authorized
to convey land to flood control dis-
378.47 Chapter to be liberally construed.
378.48 Sale of lands.
378.49 Lease of lands or interest in land.
378.51 Execution of instruments.
378.52 Cooperation between districts.
water owned or maintained by the district, or
which are a work of the district.
(4) To have general control and supervi-
sion over canals, lakes, rivers, ditches, chan-
nels, reservoirs, streams or other bodies of wa-
ter which are owned, maintained, or which are
a work of the district, insofar as the quality
of water may affect the public health, welfare,
safety and utility of said bodies of water. To
prevent the deposit, directly or indirectly, in
any of the canals, lakes, rivers, ditches, chan-
nels, reservoirs, streams or other bodies of
water which are owned, maintained, or which
are a work of the district, by any person, firm,
company, corporation or association, in this
state, or the managing agent of any person,
firm, company, corporation or association in this
state or any duly elected, appointed, or law-
fully created officers of any county, city, town,
municipality, or municipal government, or any
person or persons in their employ or under their
control, management or direction, of any rub-
bish, filth or poisonous or deleterious substance
or substances, liable to affect the health of
persons, fish or livestock, providing nothing
Ch. 378 FLOOD CONTR6JP ~-Cb~. 378
herein shall be construed to affect in any man-
ner the responsibility, powers, duties and func-
tions vested in the state board of health under
any other provision of law.
\ (5) In effectuating this chapter, the stand-
ards of the state board of health shall be used
by the district in determination of quality of
water and substance or substances to be pre-
vented from entering the waters of the district.
The said authority to control and supervise
the quality of water and to prevent deposits
in the waters mentioned shall be concurrent
with the state board of health; provided, how-
ever, that said authority to control and super-
vise the quality of water and to prevent
deposits in the waters mentioned shall not be
exercised unless and until the state board of
health after study and determination of a
specific request of the district has certified to
the district that the quality of any water under
the jurisdiction of the district is injurious to
the health of persons, fish or livestock.
(6) In order to make the greatest beneficial
use of the waters of the district, it is hereby de-
clared that there shall be the fullest coopera-
tion and exchange of information between the
district and the state board of health in the
making of any surveys, investigations and in-
quiries to be made for the purpose of deter-
mining whether or in what manner the use of
the waters may affect the public health or wel-
History.-l, ch. 25209, 1949; 1, ch. 29790, 1955; (3) 1, ch.
61-147; (3) 1, ch. 61-497; (3), (4) n. by 1, ch. 63-224.
cf.-Ch. 25270, 1949, creating central and southern Florida flood
378.02 State cooperation with districts au-
thorized.-The state is authorized to cooper-
ate with any such district organized under this
chapter or created by the legislature in the in-
terest of flood control, reclamation, conserva-
tion and allied purposes.
History.-2, ch. 25209, 1949; 51, ch. 61-147.
378.03 Water resources development ac-
count.-There is hereby created in the general
revenue fund of the state an account to be
known as the water resources development ac-
count. Subject to such appropriation as the
legislature may make therefore from time to
time, the purpose of said account shall be to
provide assistance to &i ) water man-
agement districts created under this chapter
and navigation districts or agencies created un-
der chapter 374, or any other flood control,
water management, or navigation district here-
tofore or hereafter created by special acts of
History.-3, ch. 25209, 1949; $1, ch. 65-287.
378.04 Disbursements from water resources
development account.-Subject to the provi-
sions of this chapter, there shall be available
to any fleed -e ntrl or water management dis-
trict created under this chapter or by special
acts of legislature, out of said water resources
development account upon the approval of the
Sof m~~., S~tate+ oa- o~onarvation a sum or sums of
money not exceeding in the aggregate the total
estimated amount required to cover the costs
allocated to the district for constructing the
works of said districts, for the acquisition-of-
landi far .water. trago _ro a, for highway
bridge construction, for administration and
promotion. Said sum or sums shall be available
as money is required for said purposes and
may be a grant to said districts. Also subject
to the provisions of this chapter there shall be
available to any navigation district or agency
created under chapter 374 or by special act of
the legislature out of said water resources de- _
velopment account upon approval of the State L
Beard- of" servatiuena sum or sums of money
not exceeding in the aggregate the total esti-
mated amount required to cover the costs al-
located to the district for constructing the
works, for highway bridge construction, for the
acquisition of land for rights-of-way, for water
storage areas, for administration and promo-
tion. Said sum or sums shall be available as
money is required for said purposes and may
be a grant to said districts or agencies.
History.-14, ch. 25209, 1949; 2, ch. 65-287; I1, ch. 67-199.
378.05 Resolution of district for assistance
from state.-In order that any district or agen-
cy eligible for funds may receive assistance
hereunder from this state the governing board
of said district or agency shall adopt an ap-
propriate resolution requesting the state
board of conservation to approve payment to
said district or agency for a sum or sums to be
named within the limits and for the purposes
defined in 378.04.dThe resolution shall show
the total estimated cost allocated to the dis-
trict or agency for providing the works, for
land for 'watcr tera-g a.ra for rights of way,
for highway bridge construction or for adminis-
tration and promotion of said district or agency
and shall pledge that said money shall be ap-
plied solely to the purposes specified. Upon ap-
proval of said amount or amounts or any modi-,
fication thereof by the ae rd f -
tio, the said board shall have authority to
make requisition to the comptroller for state
warrant in the amount or amounts approved,
payable out of the water resources development
account in favor of said district or agency.
mstory.-5, ch. 25209, 1949; 13, ch. 65-287.
378.06 Authority of the di: n W,4 e-
anirrg-. and e.nnaPrwatiom of n'otp hnnr, nf Gn'
servatieft.- D.ot of (2 ,
(1) The ddi-v42' of w.ator rosouroos and
c.n.rvati.n of th blonard is hereby authorized
to act for and on behalf of the state in all
matters arising out of this chapter and pay any
expense incurred in its operation hereunder out
of the account herein created.
(2) Any district created under the provi-
sions of this chapter or by special act shall
submit its policies, rules and regulations to the
board for review and approval by said board.
History.-6, ch. 25209, 1949; 11, ch. 61-231.
378.07 Cooperation with the United States
and other agencies.-Any district created under
the provisions of this chapter shall have au-
thority to cooperate with the United States or
with this state, or any department or agency
thereof, with any county, district or other gov-
ernmental agency, and to enter into and make
"fl(% If-i^.S C1Cew^,~ ir-e(Ss~.-'i-'tn i-^ i~rU- -to
eS-(<*.<; ^.i^-&. +L>A poL'c-yt-1 -(et 4L< '*-* 'hi
FLOOD CONTRG '---h-.- ~~- ~~Ch. 378
Ch. 378 FODCNRLCi 7
such cooperative agreements or commitments as
the governing board of said district may deter-
mine to be necessary and needful for carrying
out the purposes of this chapter and for the
benefit of said district. Such cooperation shall
include, but not be limited to, the contribution
of cash; the providing of lands, easements and
rights of way; and the furnishing of assurances
(a) to hold and save the United States free
from damages due to the construction and oper-
ation of works of improvement and (b) to main-
tain and operate works after completion.
History.-7, ch. 25209, 1949.
----38.08- Petition to create district.-The state
board of conservation joined by the owners of
fifty-one per cent of the acreage affected may
mak nd sign a petition proposing the creation
of su, district. The petition shall state that
such di ict is proposed to be created under the
provision of this chapter; shal/give the name
of the pro osed district; define the boundaries
thereof; th purpose for which the same is to
be created; t e estimated/total cost of all im-
provements including those to be provided by
the state, and b the district; the estimated
costs of improve ts to be borne by the dis-
trict; the estimate annual or period cost for
maintenance and ope tion to be borne by the
district; the umber o years which said dis-
trict shall endure; and y set forth such other
informati as will be o assistance in deter-
mining whether or not the proposed district
shall e created. The petit n shall contain a
pra r asking that the land within the de-
sc bed boundaries be create into a district
der the provisions of this ch ter. After the
petition shall have been signed, he same shall
be filed in the office of the clerk of the circuit
court in each county in which land in the pro-
posed district is located.
History.-8, ch. 25209, 1949; 1, ch. 61-147.
378.09 Costs and expenses of establishing
district.-The costs and expenses incident to
the establishment of a district, ursuant to this
chapter, shal be advanced a paid in the first
instance by th state board conservation from
the flood contail acco to be reimbursed,
by the district ter s creation, to the said
flood control accou. When the court enters
its decree creating the district there shall be
included there an order for the payment of
such costs an expen s, by the district to the
state board conser tion for the said flood
control ac unt, which order shall be a lien
upon an taxes levied f r the benefit of the
said d'rict. In case the creation of the pro-
pose district is denied all such costs and ex-
penses shall be paid from the said flood control
History.-9, ch. 25209, 1949.
378.10 Notice of filing petition.-Immediate-
ly after the petition shall have been filed, the
clerk of the circuit court in each county in
which land in the proposed district will be lo-
cated shall give notice by causing publication
to be made once each week for four consecutive
weeks (four times being sufficient) in some
newspaper published in the county, and said
notice shall be substantially in the following
NOTICE OF APPLICATION TO FORM A
DISTRICT UNDER THE PROVISIONS OF
CHAPTER................ (this chapter).
NOTICE IS HEREBY GIVEN to all persons
who are the owners of real estate within
the following described boundaries:
(Here follows boundary description)
THAT a petition has been filed in this office
where any interested person may examine the
same, asking that the lands within the foregoing
boundaries be formed into district under
chapter................this chapter and stating that
the real estate in said district will be affected
by the formation said district and made liable
for taxes for the lrpose of paying the expense
of organization an the district's allocated part
of the cost of imp Btements, and the mainte-
nance and operation of the same, and you and
each of you ownina real estate within the
boundaries of said p posed district as above
described, are ereby ntified to appear not la-
ter than the i 4st return ate occurring not less
than twentyA(20) days af r this notice has been
published tor four conse utive weeks, as re-
quired b said chapter, a the office of the
Clerk 9f the Circuit Court f ....................County
and show cause in writing, if cause there be,
why said district, as set forth in said petition,
shall not be organized as a public corporation
of the State of Florida.
Date of first publication........................ 19.......
CLERK OF CIRCUIT COURT OF
History.-10, ch. 25209, 1949; 2, ch. 29737, 1955.
378.11 Objections to creating district.-Any
owner of real estate within the proposed district
may file his objections with the clerk of the
circuit court of e county in 'ich said real
estate is located, I writing, npf later than the
day named in said n twice. If tiere be more than
one county in or p tly within said district,
the clerk of the circ 't court of each county
shall forward, within dfe days after the rule
day named in said nati all objections filed
with him to the clerk ofthe circuit court of
the county havirn the la est population as
determined by the last census state or federal,
and thereafte"the circuit court of said county
shall maintih and have original and exclusive
jurisdiction coextensive with the boundaries
of the Wid district without regard to county
lines for all purposes of this chapter.
History.-11, ch. 25209, 1949.
378.12 Court to set date for and to hear ob-
(1) Within five days after the clerk of the
circuit court of the county ha ing jurisdiction
of the subject as describe in 378.11 shall
have received the ob cti, transmitted to him
by clerks of the circuit urts of other counties,
if such there be hav1g lands in said district,
said clerk shall n y the senior circuit judge
of the circuit c rt of t judicial district in
which said cgnty is situae that objections,
Ch. 378 FLOOD CONTROL Ch. 378
or no objections, have been filed and shall de-
liver all such objections, if any there be, to
said judge, or such other judge as may be
designated by him, and thereupon the court
shall have jurisdiction of the subject. Such
objections, if any there be, shall be heard by
the court either in term time or vacation in a
summary manner without unnecessary delay
on a day to be named by the judge thereof.
(2) Notice of said hearing shall be pub-
lished in a newspaper in each county having
lands within said proposed district once each
week for two consecutive weeks, the last notice
to appear not less than one nor more than two
weeks prior to the date of said hearing.
(3) Upon the hearing, whi may be ad.
journed from time to time, for good cause
shown, of the said objections, f any have been
filed, if the court shall be o the opinion that
the establishment of the sa'd district and the
improvements to be made hereunder will be
for the advantage of theowners of the real
property therein or that, he same would be in
the interest of the public health, convenience
or welfare, and that the benefits to accrue to
property and to the inhabitants of said dis-
trict will be of value greater than the estimated
cost to be borne by said district as set forth
in the petition, he shall overrule said objec-
tions; and in case all such objections are
overruled, or in case no such objections have
been filed, the court thereupon shall, by its
order duly entered of record, declare and de-
cree said district a public corporation of this
state, for a term not exceeding the time men-
tioned in said petition, and shall adjudge the
costs against the district to be paid by it in
the manner provided in this chapter. Any per-
son aggrieved by the final order of the circuit
court may appeal therefrom to the appropriate
district court of appeal in the manner and with-
in the time provided by the Florida appellate
(4) Immediately after the district has been
declared a corporation by the court, the clerk
thereof shall transmit to the secretary of state
to be filed by him a certified copy of the find-
ings and decree of the court incorporating said
district. A copy of said findings and decree
shall also be recorded in the office of the clerk
of the circuit court of each of the counties
having land in said district, where the same
Shall become a permanent record and each such
CEk clerk shall receive a fee of one dollar for
A recording and preserving the same.
S History .- 12, ch. 25209, 1949; (3) 123, ch. 63-512.
378.13 Governing board of the district.-
4/H (1) The governinaJ d f the district
ul-F hall be composed ofi members who shall be
owners of real propertyin an shall reside in
Said district. Their term of office shall be for
three years, or until their successors shall have
S been appointed and qualified; provided, how-
Sever, that the members composing the first gov-
earningg board, two shall serve for a term of three
years, two for a term of two years, and one
^ I for a term of one year.
GtwkFl (2) Unless such district embraces less than
five counties not more than one member to
compose said board shall be from the same
county, and no person shall be appointed from
a county where a member of the governing
board will remain in office; provided, if the
number of counties within, or partly within,
such district be five or less, each county shall
have not less than one member on said govern-
(3) Members to compose said board shall
be appointed by the governor subject to con-
firmation of the senate at the then or next
succeeding legislative session. In the event
the governor's appointee shall not be confirmed
by the senate, such failure shall not operate to
affect the validity of official acts of said ap-
pointee or of the board of which he was a
member. For any appointment declined to be
confirmed by the senate, the governor shall
promptly submit a new appointment for the
consideration of said senate.
History.- 13, ch. 25209, 1949.
378.14 Vacancies in the governing bocrd;
removal from office.-
(1) Vacancies occurring in the governing
board of the district prior to the expiration
of the affected term shall be filled for the un-
(2) The governor of this state shall have
authority to remove from office any officer of
said district in the manner and for cause de-
fined by the laws of this state applicable to
situations which may arise in said district.
Hlstory.-114, ch. 25209, 1949.
378.15 Members of governing board; oath
of office; etc.-
(1) Each member of the governing board of
the district before entering upon his official
duties, shall take and subscribe to an oath
before some officer authorized by law to ad-
minister oaths, that he will honestly, faithfully
and impartially perform the duties devolving
upon him in office as member of the governing
board of the district to which he was appointed,
and that he will not neglect any of the duties
imposed upon him by this chapter.
(2) Immediately after their appointment,
members composing the governing board shall
meet at some convenient place and choose one
of their number chairman of the board, and
some suitable person secretary, who may or
may not be a member of the governing board,
and who may be required to execute bond for
the faithful performance of his duties as the
governing board may determine. Such board
shall adopt a seal with a suitable device, and
shall keep a well bound book entitled, in effect,
"Record of Governing Board of......................
District," in which shall be recorded minutes of
all meetings, resolutions, proceedings, certifi-
cates, bonds given by all employees, and any
and all corporate acts, which book shall at
reasonable times be open to the inspection of
any citizen of Florida, or taxpayer in the dis-
trict, his agent or attorney at reasonable times.
(3) The chairman and members of the board
shall receive no compensation for such services,
r rl 1
but while officially on work for the district
shall receive their actual traveling expenses,
and subsistence and lodging, not to exceed the
statutory amount allowed state officers and
employees, and for other expenses in the actual
amount incurred therefore.
(4) The governing board of the district is
hereby authorized to employ such engineers, at-
torneys, other professional persons, and such
personnel and assistants as said board may
deem necessary, and under such terms and con-
ditions as it may determine, and to terminate
(5) By resolution the governing board may
determine the location of its principal office
and provide for the change thereof.
History.-115, ch. 25209, 1949; (3) i1, ch. 29792, 1955; (3) 12,
_378.151 Rules and regulations; enforcement.
-In administering this chapter the govern-
ing board of the district is authorized to make
and adopt reasonable rules, regulations and
orders consistent with law and such rules,
regulations and orders may be enforced by
mandatory injunction, or other appropriate ac-
tion in the courts of the state.
History.--4, ch. 29790, 1955.
378.16 Providing for district works.-
(1) In order to carry out the works for the
district, and for effectuating the purposes of
this chapter, the governing board is authorized
to clean out, straighten, enlarge or change the
course of any waterway, natural or artificial,
within or without the district; to provide such
canals, levees, dikes, dams, sluiceways, reser-
voirs, holding basins, floodways, pumping sta-
tions, bridges, highways and other works and
facilities which the board may deem necessary;
establish, maintain and regulate water levels in
all canals, lakes, rivers, channels, reservoirs,
streams or other bodies of water owned or
maintained by the district; to cross any high-
way, or railway with works of the district and
to hold, control and acquire by donation, lease
or purchase, or to condemn any land, public or
private, needed for rights-of-way or other pur-
poses, and may remove any building or other
obstruction necessary for the construction,
maintenance and operation of the works, and to
hold and have full control over the works and
rights of way of the district.
(2) The works of said district shall be
those adopted by the governing board of the
district. The district may require or take over
for operation and maintenance such works of
other districts as the governing board may
deem advisable under agreement with such dis-
(3) Recreational planning and development
within the area of the district may be under-
taken at the discretion of the governing board;
provided, however, no such planning or devel-
opment shall effect any public lodging estab-
lishment, as defined in chapter 5. neuse f
the power of r recreation
planning and development shal e limited o
the provision of recreational use of lands that
are also necessary for water storage purposes.
History.--16, ch. 25209, 1949; 12, ch. 29790, 1955; 51, ch. 61-
147; 53, ch. 61-497; 52, oh. 63-224; 51, ch. 67-206.
378.161 District works, operation by other
governmental agencies.-The district may per-
mit governing bodies of water conservation dis-
tricts, drainage and other improvement dis-
tricts, and federal, state and local governments,
authorities or agencies to operate and main-
tain the works of the district under conditions
which the governing board may deem advisable.
mHstory.-4, oh. 29790, 1955.
378.17 Use of works by other districts.-
(1) The governing board shall have author-
ity to prescribe the manner in which local
works provided by other districts or by private
persons shall connect with and make use of the
works of the district, to issue permits therefore,
and to cancel the same for noncompliance with
the conditions thereof, or for other cause. It
shall be unlawful to connect with or make use
of the works of said district without consent
in writing from its governing board, and said
board shall have authority to prevent, or if
done to estop or terminate the same.
(2) Damage resulting from unlawful use
of such works, or from violations of the con-
ditions of permit issued by the board shall, if
made by other than a public agency, be subject
to such penalty as is or may be prescribed by
law and in addition thereto by a date and in a
manner prescribed by the board, repair of said
damage to the satisfaction of said board, or
deposit with said board a sum sufficient there-
for, and if by a public agency, then at the ex-
pense of such agency the repair of said damage
to the satisfaction of the board or the deposit
with said board of a sum sufficient therefore.
Hstory.- 17, ch. 25209, 1949.
378.18 Subdistricts within major districts.-
(1) Any area within a district created un-
der the provisions of this chapter may be
created into a subdistrict for securing addi-
tional and more localized benefits not afforded
by the works of the said major district, and for
providing subdistrict works their or, and for
their maintenance and operating and the ad-
ministration by its ow gove ng board of the
affairs of said subdis ict nd the imposition I
of additional taxes for purposes.
(2) For effectuatin he purposes aforesaid,
chapter 298, shall be p icable.
(3) Provided, hweve that no obligation
or taxes of any district shall be or become
an obligation the majo district, nor shall
said subdistrict have autho ity over the works
of the major district, nor e major district
over the works of the subdistrict except for
the purpose of prescribing the manner in which
said works shall be connected with and make
use of the works of the major district as pro-
vided in this chapter.
History.-18. ch. 25209, 1949.
V 378.19 Cost of organizing district.-
(1) The governing board of the district, as
soon as convenient after its creation, shall levy
a uniform tax to be assessed and collected in
like manner as county taxes, against all real
estate within the district not exceeding three-
tenths mill on the dollar of valuation as de-
Ch. 378 FLOOD CONTROL--
termined for that year by the tax assessor of
each county having land in said district for
the purpose of paying the expense incurred
or to be incurred in organizing said district.
The proceeds from said tax shall be applied
to the purpose described and any balance or
surplus remaining thereafter shall be placed
to the account of said district to be used for
such purposes as the governing board may
(2) If it should appear necessary to procure
funds with which to pay expense of organizing
said district before a sufficient sum can be
obtained from the collection of said tax, the
board may borrow a sufficient amount of money
to meet emergencies and may issue interest
bearing negotiable notes therefore and pledge
the proceeds of the tax imposed under the pro-
visions of this section for the repayment there-
of. Said board may issue to any person per-
forming work or services, or furnishing any-
thing of value in the organization of said dis-
trict, interest bearing negotiable evidence of
History.-819, ch. 25209, 1949.
378.20 To pay cost of works.-For the pur-
pose of paying the cost of the works of said
district, the mainten ce, operation, and cost
of administration, an such other costs as the
governing boardnay determine to be necessary
on account of sa district, all real estate in
said district benefit ~dor to be benefited by the
works thereof shal beubject to the taxes pro-
vided for in this chapter, and the governing
board of said district is hereby authorized to
impose annual taxes against the real property
in said district benefited by the works thereof.
History.--20, ch. 25209, 1949; 1, ch. 61-147.
378.21 Determination of benefits.-
(1) As soon as convenient after the crea-
tion of said district, the governing board shall
determine maximum annual benefits on a rela-
tive basis to be derived from the works of the
district. Relative benefits shall be determined
on the basi of one hundred representing maxi-
mum. The minimum benefits which may be
ascribed as esuzting from the works of the
district shall e lone. Intermediate degrees of
benefits shall expressed in parts of one
hundred. Comp e absence of benefits shall
be indicated by o.
(2) When m xi um annual benefits shall
have been determ ed, the governing board shall
annually thereafter impose taxes on a value
benefit basis so as to take into account the
value of the property, its kind, susceptibility to
improvement, and the maximum annual bene-
fits to be conferred thereon by the works of
said district. The board shall determine the
over-all benefits accruing or which will accrue
from the works of said district. In all respects
the benefits found for district taxing purposes
shall be those resulting from the works of said
district only. The governing board may deter-
mine areas of benefits by zones, and place in
the same zone areas of equal benefit, or follow
such other method as may be deemed suitable
for that purpose. Areas having equal benefits
shall be taxed at an equal benefit ratio.
(3) Each year the governing board of the
district shall determine the percentage or part
of the maximum annual benefits theretofore
fixed, to be applied in arriving at the tax rate
for the current tax year, and timely for the
purpose shall certify said rate to the tax as-
sessor of the county in which the real estate
subject to the tax is situate. The basis of value
shall be that determined by the tax assessor
for county taxing purposes of the county in
which the real estate is situate.
(4) The base millage to be applied in de-
termining the tax rate is hereby fixed for all
property in said district as three-tenths mill
on the dollar of assessed value. The annual tax
rate shall be ascertained by multiplying three-
tenths mill by the part or percentage, as deter-
mined by the board for that year, of maximum
annual benefits heretofore determined. The
amount of the district tax for any year on each
piece or parcel of real estate shall be arrived
at as follows:
The value of the property as assessed for
county purposes multiplied by three-tenths mill,
multiplied by the part or per cent of maximum
annual benefits as determined by the govern-
ing board of the district. In no event or cir-
cumstance shall the tax rate of said district as
herein authorized for any year exceed a millage
in excess of three mills on the dollar of the
general county assessed valuation as deter-
mined for that year by the tax assessor of the
respective counties having lands in the dis-
History.-821, ch. 25209, 1949.
378.22 Benefits to rights of way.-The gov-
erning board of the district shall assess bene-
fits to rights of way of railroads and other
public service corporations in like manner as
for other property, and the imposition and col-
lection of said tax shal-be in like manner as
is provided with repe t to other property, ex-
cept that the basis value of railroad rights
of way for assessment purposes is hereby fixed
at four thousand do a per mile without refer-
ence to number o tra ks, or other facilities
thereon, and the g earning board of the district
shall furnish the fax assessor of the county in
which such rights of way is located a descrip-
tion thereof, the number of miles in length and
the tax rate on value-benefit basis to be applied
in assessing district taxes against said rights
History.-22, ch. 25209, 1949.
378.23 Hearings on benefits.-
(1) When, following the creation of the dis-
trict, the governing board shall have ascer-
tained the maximum annual benefits to be de-
rived from the work in ay area or areas of
said district, the said\oalr shall file, with the
clerk of the circuit co itf each county having
real estate in said area areas, a map of said
district on which sha_ e shown zones of
benefits or as benefits maybe otherwise indi-
cated, on the basis described in 378.21.
Ch. 378 FLOOD CONTROL Ch. 378
(2) At the same time the said board shall
file with said clerk a notice, which the said
clerk shall cause to be published in some news-
paper published in his county for four consecu-
tive weeks (four publications being sufficient),
that the said board has ascertained the benefits
which will accrue to land and other real prop-
erty in the district, and said notice shall be
substantially in the following form.
NOTICE is hereby given to all persons who
are owners of real estate within................District
that for the purpose of determining amounts of
taxes to be assessed annually upon all real estate
within said district which will be benefited by
the works of said district, the governing board
thereof has ascertained benefits which will ac-
crue and has shown the same on a list with the
property affected thereby or on a map of said
district filed in the office of the clerk of the
circuit court of each county having lands in
said district, where any person interested
therein may examine the same and procur in-
formation therefrom. Based on the part or
percentage to be determined each year by said
board, of the maximum annual benefits to be
hereby determined, taxes will be imposed on
said real estate at a tax rate to be ascertained
by multiplying three-tenths mill by the part
or proportion for that year of maximum annual
Any owner of real estate in said district
may file his objections, if any there be, to the
benefits as ascertained by the governing board
as the same affects real estate owned by him.
Such objections shall be in writing, and filed
with the board not later than ten days prior to
the............day of.................................. 19......... on
which last named day the board will hold a
hearing at the office of the board, at which
any person having filed objections in the man-
ner specified, or the representative or attor-
ney for such person, may appear and be heard
orally in support of his filed objections.
Hlstory.-123, ch. 25209, 1949.
378.24 Consideration of objections.-As soon
as convenient and without unnecessary delay
after the close of the hearings by said board
on objections to benefits as ascertained by it,
the said board shall begin the consideration
of said objections. If, in the judgment of said
board, the benefits a previously ascertained
should be change rjdjusted, or if said bene-
fits should be confined, the said board shall
so find, and by its rMVer shall fix the benefits
to be derived from the `orks of said district,
certified copies of which order shall be filed
in the office of the clerk of the circuit court
in each county within the district The bene-
fits so fixed shall be in effect for five years
and thereafter until changed.
Hstory.-824, ch. 25209, 1949; 10, ch. 26484, 1951.
378.25 Review; circuit court, district court
of appeal.-The circuit court having jurisdic-
tion of the creation ef/ he district shall have
jurisdiction to revieA the final action of the
governing board upo a petition being filed
with it for a writ of fetiorari. An appeal from
the final order of the circuit court may be
taken to the appropriate district court of ap-
peal. Both of said review proceedings shall be
had in the manner and within the time provid-
ed by the Florida appellate rules and the stat-
utes of this state not superseded by or in con-
flict with said rules.
History.--25, ch. 25209, 1949; 23, ch. 63-512.
378.26 Proportion of total benefits for tax
assessment.-After the benefits conferred or to
be conferred upon the rea estate within the
district shall have been fixeb
board, as provided in 378?he said board
shall each year determiw ie art or pro-
portion of total benefits to be used in deter-
mining the tax rate or rates to apply in arriv-
ing at the amount of the tax for the current
tax year on all real estate within said district.
History.-26, ch. 25209, 1949.
378.27 Readjustment of benefits.-Not of-
tener than each five years, the owners of real
estate in that part of any county within the
district representing not less than ten per cent
of the freeholders subject to tax, may file a
petition with the governing board alleging that
there has been material change in the benefits
to property in the district ince the last de-
termination of benefits a d praying for a re-
adjustment of sa bene ts for the purpose of
providing a more qui ble basis for the levy
of district taxes. I hpch case the board shall
afford opportunity be heard on the petition
and dispose of th sa e in a manner similar
to that provided An 8 3 in reference to
determination of benefitsby the board; or the
governing board of the district may on its own
account adjust benefits to any property in the
district. If such adjustments be upward, then
a hearing shall be held in the manner provided
in other cases. Any downward adjustment shall
not reduce below the limit herein provided that
part of the maximum annual tax for bond pur-
poses if bonds have been issued and are out-
standing, for the repayment of which such
taxes or part thereof has been pledged, unless
the holders of a majority in value of said bonds
shall have consented thereto.
History-127, ch. 25209, 1949.
378.28 District budget and hearing there-
(1) Commencing July 1, 1956, the fiscal
year of districts created under the provisions of
this chapter shall extend from July 1 of one
year through June 30 of the following year.
The governing board of the district, shall be-
tween April 1 and 10 of each year complete
the preparation of a tentative budget for the
district covering its proposed operation and
requirements for the ensuing fiscal year. The
budget shall set forth, classified by object
and purpose, and by fund if so designated, the
proposed expenditures of the district for bonds
or other debt, for construction, for acquisition
of land, and other purposes, for operation and
maintenance of the district's works, the con-
duct of the affairs of the district generally, to
which may be added an amount to be held as a
_ __ ~i~ __
Ch. 378 FLOOD CONTROL Ch. 378
(2) The budget shall also show the esti-
mated amount which will appear at the begin-
ning of the fiscal year as obligated upon com-
mitments made but uncompleted. There shall
be shown the estimated unobligated or net
balance which will be on hand at the begin-
ning of the fiscal year, and the estimated
amount to be raised by district taxes and from
other sources for meeting the district's re-
(3) On a date to be fixed by the governing
board, between April 10 and 20 of each year
the board shall publish a notice of its intention
to adopt the budget or as the same may be
amended for the district for the ensuing fiscal
year. The notice shall set forth the tentative
budget in full, and shall be notice to all owners
of property subject to the district taxes that on
a date and at a place appearing in the notice,
opportunity will be afforded to such owners,
their attorneys or agents, to appear before the
board and show their objections to the budget.
The notice shall be published for two consecu-
tive weeks, in any newspaper qualified to ac-
cept legal advertisements, in each county hav-
ing land in the district, the last insertion of
which shall appear not less than one nor more
than three weeks prior to the date set by the
board for the hearing on the budget, or if
there be no such newspaper then by posting
the notice as provided by 49.02.
(4) The hearing will be by and before the
governing board of the district on a date to be
fixed by the board not -sooner than one week
and not later than three weeks after the date
of the last publication of notice of intention to
adopt the budget and may be continued from
day to day until terminated by the board.
Promptly thereafter, the governing board shall
give consideration to objections filed against
the budget and in its discretion may amend,
modify or change the tentative budget. The
board shall by June 10 following adopt a final
budget for the district which shall thereupon
be the operating and fiscal guide for the dis-
trict forthe ensuing year; provided, however,
transfers of funds may be made within the
budget by action of the governing board at a
public meeting of the governing board. Should
the district receive unanticipated funds after
the adoption of the final budget, the final
budget may be amended by including the said
funds, so long as notice of intention to amend
shall be published one time in a newspaper
qualified to accept legal advertisements in each
county in the district. The notice shall set forth
the proposed amendment and shall be published
at least ten days prior to the public meeting
of the board at which the proposed amend-
ment is to be considered. Provided, in the event
of disaster or of emergency arising to prevent
or avert the same, the governing board shall
not be limited by the budget but shall have
authority to apply such funds as may be availa-
ble therefore or as may be procured for such
History.-28, ch. 25209, 1949; 3,. ch. 29790, 1955; 14, ch. 61-
497; 11, ch. 65-432; I1, ch. 67-74.
378.29 Imposition of taxes.-
(1) Each year the governing board of the
district shall certify to the tax assessor of the
county in which the property is situate, timely
for the preparation of the tax roll, the tax
rate to be applied in determining the amount
of the district's annual tax, and the tax assessor
shall extend on his county tax roll the amount
of such tax, determined at the rate certified
to him by the governing board, and shall cer-
tify the same to the tax collector at the same
time and in like manner as for county taxes.
(2) Collection of district taxAs, the issuance
of tax sale certificates for nonpayment thereof,
the redemption or sale of said certificates, the
vesting of title by tax forfeiture, and the sale
of the land and other real estate so forfeited
shall be at the same time, in conjunction with,
and by like procedure and of like effect as is
provided by law with respect to county taxes,
nor may either the county or the district taxes
be paid or redemption effected without the pay-
ment or redemption of both. The title to dis-
trict tax forfeited land shall vest in the county
on behalf of said district along with that of
the county for county tax forfeited land, said
district tax forfeited land to be held, sold, or
otherwise disposed of by said county for the
benefit of said district The proceeds there-
from, after deducting costs, shall be paid to
the district in amounts proportionate to the
respective tax liens thereon.
(3) The district tax liens shall be of equal
dignity with those of the county.
(4) The tax officers of the county are hereby
authorized and directed to perform the duties
devolving upon them under this chapter, and
to receive compensation therefore at such rates
or charges as are provided by law with respect
to similar services or charges in other cases.
EHstory.-29, ch. 25209. 1949.
378.30 Land held by trustees L L trust fund;
areas not taxed.-
(1) Land held by the trustees of the in-
ternal improvement trust fund shall be subject
to the tax imposed under authority of this chap-
ter, and said trustees are authorized to pay
the same out of any money in their possession
derived from the sale of land or otherwise.
For facilitating the assessment of district taxes
on land of said fund, the trustees thereof are
authorized to prepare lists of land held by
them and, timely for the purpose, to transmit
a list of said land to the tax assessor of each
county in which such land is located, and the
tax assessor is directed to extend said land
upon the district tax roll according to the de-
scription furnished by said trustees and to
ascertain the value thereof as for other land.
(2) Land comprising part of the principal
of the state school trust fund declared by the
constitution to be "sacred and inviolate," or
other real estate, title to which is in the state
board of education, shall not be subject to the
district tax nor shall there be liability therefore
upon any state agency.
(3) There shall be excluded from district
taxes all bodies of navigable water and un-
reclaimed water areas meandered by the public
surveys, all rights of way of said district, all
areas devoted or dedicated to the use of and
for the works of the district, rights of way
of state and county highways, and streets within
the limits of incorporated towns, and property
owned by a public agency open to the use of
the public or for the public benefit not leased
to or operated by a private agency.
History.-130, ch. 25209, 1949; (1), (2) 52, ch. 61-119.
378.31 Unit areas.-The governing board
may, in its discretion, adopt and effectuate
unit areas embracing separate or combined
drainage basins, or parts thereof, or areas of
related lands and works, for convenience or
economy in constructing, maintaining and op-
erating the works of the district, and for the
purpose of imposing taxes within each area
to meet these requirements of the said area.
History.-31, ch. 25209, 1949.
378.32 Amending former decree incorporat-
ing district.-The governing board of any dis-
trict created hereunder, for and on behalf of
such district or the owners of real estate within
or without such district, may file a petition
in the office of the clerk of the circuit court
in each county having land within said dis-
trict, praying the court toi mend its former
decree incorporating he strict by extending
the boundaries of saidctrict so as to include
tion and decree o the court previously in-
corporating said strict; or the petition may
ask that certain rands be e iminated therefrom;
or that the boundary lines\ of said district be
in any manner changed. Notice of proposal
to amend the former decree shall be given and
hearing had in a manner similar to the pro-
cedure providing for the creation of said
History.-532, ch. 25209, 1949.
378.33 Treasurer and depositories.-
(1) The governing board shall designate a
treasurer who shall be custodian of all funds
belonging to the said board and to the said dis-
trict, and such funds shall be disbursed only
upon the order of the governing board by war-
rant or check signed by the treasurer or assist-
ant treasurer and countersigned by the chair-
man or vice-chairman of the board.
(2) The board is hereby authorized to select
as depositories in which the funds of the said
board and of the said district shall be de-
posited by any banking corporation organized
under the laws of the state or under the na-
tional banking act, doing business in the
state, upon such terms and conditions as
to the payment of interest by such deposi-
tory upon the funds so deposited as the said
board shall deem just and reasonable and also
upon such terms as to security by such de-
pository as said board shall deem proper,
which security may be either by satisfactory
individual or surety bonds or by the deposit
with the treasurer of bonds of the district is-
sued by said board, bonds of the United States,
bonds or certificates of the several states, coun-
ty and municipal bonds or certificates, and
county or county school time warrants, issued
by any of the counties or cities of the state
or by any of the state agencies, departments
or commissions authorized to issue bonds or
certificates, or issued by authority created by
the legislature. Such bonds or certificates may
be general obligations of the issuing authority
or they may be secured by utility revenues, or
other revenues, or by excise taxes, or they may
be secured by a limited ad valorem tax; provid-
ed, however, that none of the foregoing bonds
or certificates shall be accepted as security for
the funds herein mentioned unless they shall
have qualities pertinent to bank investments;
and provided further, that except as to the
bonds of the United States or bonds the
payment of whose principal and interest is
guaranteed by the United States or federal
certificates of indebtedness, or state, county or
municipal obligation bonds, the bonds or cer-
tificates herein mentioned shall be rated in one
of the highest four classifications by es-
tablished nationally recognized investment
rating services, the type, amount or value of
such bonds or certificates shall be in such
amount as may be designated by the governing
board of the district.
History.-533, ch. 25200, 1949; J3, ch. 63-224.
378.331 Investment of funds.-The govern-
ing board of the district may, in its discretion,
invest funds of the district in the following
(1) That portion of the funds of the dis-
trict which the board anticipates will be needed
for emergencies may be invested in bonds or
other obligations, either bearing interest or
sold on a discount basis, of the United States,
or the United States treasury, or those for the
payment of the principal and interest of which
the faith and credit of the United States is
(2) All other funds of the district may be
invested in securities named in subsection (1)
hereof, or in bonds or other interest-bearing
obligations of any incorporated county, city,
town, school district or road and bridge district
located in the state, for which the full faith
and credit of such political subdivision has
been pledged; provided, such political subdivi-
sion or its successor, through merger, consolida-
tion or otherwise, has not within five years
previous to the making of such investment, de-
faulted for more than six months in the pay-
ment of any part of the principal or interest
of its bonded indebtedness; and, provided, the
securities purchased under the provisions of
this subsection shall have a maturity date on
or before the anticipated date of need for the
funds represented thereby.
History.-14, ch. 29790, 1955.
378.34 May borrow money temporarily.-In
order to provide for the works described by
this chapter, the governing board is hereby
authorized and empowered to borrow money
Ch. 378 FLOOD CONTROL Ch. 378
temporarily, from time to time, for a period
not to exceed one year at any one time, not
including renewals thereof, and to issue its
promissory notes therefore upon such terms and
at such rates of interest as the said board may
deem advisable, payable from the taxes herein
levied and imposed, and the increment thereof.
Any of such notes may be used in payment
of amounts due, or to become due, upon con-
tracts made or to be made by said board for
carrying on the work authorized and provided
for herein, and the said board may, to secure
the payment of any of such notes, hypothecate
bonds herein authorized to be issued, and may
thereafter redeem such hypothecated bonds.
Any of the notes so issued may be paid out of
the proceeds of bonds authorized to be issued
by this chapter.
History.-34, ch. 25209, 1949.
(1) The governing board is hereby author-
ized and empowered to borrow money on per-
manent loans and incur obligations from time
to time on such terms and at such rates of
interest as it may deem proper, not exceeding
five per cent per annum, for the purpose of
raising funds to prosecute to final completion
the works and all expenses necessary or needful
to be incurred in carrying out the purposes of
this chapter; and the better to enable the
said board to borrow the money to carry out
the purposes aforesaid, the board is hereby
authorized and empowered to issue in the cor-
porate name of said board, negotiable coupon
bonds of said district.
(2) The bonds to be issued by authority of
this chapter shall be in such form as shall be
prescribed by the said board, shall recite that
they are issued under the authority of this
chapter, and shall pledge the faith and credit
of the governing board of the district for the
prompt payment of the interest and principal
(3) Said bonds shall have all the qualities
of negotiable paper under the law merchant,
and shall not be invalid for any irregularity,
or defect in the proceedings for the issue and
sale thereof except forgery; and shall be in-
contestable in the hands of bona fide pur-
chasers or holders thereof for value. The pro-
visions of this chapter shall constitute an
irrevocable contract between said board and
the district and the holders of any bonds and
the coupons thereof, issued pursuant to the
provisions hereof. Any holder of any of said
bonds or coupons may either at law or in equity
by suit, action or mandamus enforce and compel
the performance of the duties required by this
chapter of any of the officers or persons men-
tioned in this chapter in relation to the said
bonds, or to the collection, enforcement and
application of the taxes for the payment thereof.
(4) The amount of bonds to be issued in
any one year, when added to the amount then
outstanding, shall be not greater than can be
supported for that year in accordance with
the bond schedule out of ninety per cent of
the taxes imposed, or to be imposed, for that
year, plus other moneys in the hands of the
district usable for bond purposes after de-
ducting therefrom amounts estimated to be
required for maintenance and operation of the
works of the district, cost of administration,
and amounts for such other purposes as the
governing board may determine, nor shall the
governing board levy in any year taxes in-
sufficient to support said bonds for such year
on the basis herein described.
(5) All bonds and coupons not paid at ma-
turity shall bear interest at a rate not to ex-
ceed six per cent per annum from maturity
until paid, or until sufficient funds have been
deposited at the place of payment.
(6) The bonds to be issued by authority of
this chapter shall be in denominations of not
less than one hundred dollars, bearing interest
from date at a rate not to exceed five per cent
per annum, payable semi-annually, to mature
at annual intervals within forty years com-
mencing after a period of not later than ten
years, to be determined by said board, both
principal and interest payable at some con-
venient place designated by said board to be
named in said bonds, which said bonds shall
be signed by the chairman of the board, at-
tested with the seal of said district and by
the signature of the secretary of said board.
In case any of the officers whose signatures,
countersignatures and certificates appear upon
the said bonds and the said coupons shall be
such officer before the delivery of such bonds
to the purchaser, such signature or counter-
signature and certificate shall nevertheless be
valid and sufficient for all purposes the same
as if they had remained in office until the de-
livery of the bonds.
(7) Interest coupons shall be attached to
the said bonds and coupons, shall cease to be
consecutively numbered, specifying the number
of the bond to which they are attached, and
shall be attested by the lithographed or en-
graved facsimile signature of the chairman and
secretary of said board.
(8) In the discretion of said board, it may
be provided that at any time, after such date
as shall be fixed by the said board, said bonds
may be redeemed before maturity at the option
of said board, or its successors in office. If
any bond so issued subject to redemption before
maturity shall not be presented when called
for redemption, it shall cease to bear interest
from and after the date so fixed for redemption.
History.--35, ch. 25209, 1949; (4) 1, ch. 61-147.
378.36 Refunding bonds.-The governing
board shall have authority to issue refunding
bonds to take up any outstanding bonds of
said district falling due and becoming payable,
when, in the judgment of said board, it shall
be for the best interests of said district so to
do. The said board is hereby authorized and
empowered to issue refunding bonds to take
up and refund all bonds of said district out-
standing that are subject to call and termina-
tion, and all bonds of said district that are
not subject to call or redemption, where the
surrender of said bonds can be procured from
the holder thereof at prices satisfactory to the
board. Such refunding bonds may be issued
at any time when in the judgment of said board
it will be to the interest of the district finan-
cially or economically by securing a lower rate
of interest on said bonds or by extending the
time of maturity of said bonds, or for any
other reason in the judgment of said board
advantageous to said district.
History.--36, ch. 25209, 1949.
378.37 Bond election.-When required by the
state constitution, the governing board shall
call an election of the freeholders in said dis-
trict, in which said election the matter of
whether or not said bonds shall be issued shall
be decided as provided by law with respect to
History.-37, ch. 25209, 1949.
378.38 Bonds to be validated.-Whenever the
governing board shall have authorized the issu-
ance of bonds under the provisions of this
chapter, the said board may, if it shall so elect,
have said bonds validated in the manner pro-
vided by chapter 75, and to that end the said
board may adopt a suitable resolution for the
issuance of said bonds.
History.-38, ch. 25209, 1949.
378.39 Sale of bonds.-All of said bonds
shall be executed and delivered to the treasurer
of said district, who shall sell the same in
such quantities and at such rates as the board
may deem necessary to meet the payments for
the works and improvements in the district.
Said bonds shall not be sold for less than
ninety-five cents on the dollar, with accrued
History.-39, ch. 25209, 1949.
378.40 Proceeds from taxes for bond pur-
poses.-It shall be the duty of the treasurer
as custodian of the funds belonging to the
said board and to the district, out of the pro-
ceeds of the taxes levied and imposed by this
chapter and out of any other moneys in his
possession belonging to the district, which
moneys so far as necessary shall be set apart
and appropriated for the purpose, to apply said
moneys and to pay the interest upon the said
bonds as the same shall fall due and at the
maturity of the said bonds to pay the principal
Hstory.-40, ch. 25209, 1949.
378.41 Registration of bonds.-
(1) Whenever the owner of any coupon bond
issued pursuant to the provisions of this chap-
ter shall present such bond and all unpaid
coupons thereof to the treasurer of the district
with request for the conversion of such bond
into a registered bond, such treasurer shall
cut off and cancel the coupons of any such
coupon bond so presented, and shall stamp,
print or write upon such coupon bond so pre-
sented either upon the back or the face thereof
as may be convenient, a statement to the effect
that said bond is registered in the name of
the owner and that thereafter the interest and
principal of said bond are payable to the regis-
tered owner. Thereafter and from time to
time any such bond may be transferred by such
registered owner in person or by attorney duly
authorized on presentation of such bond to the
treasurer, and the bond again registered as
before, a similar statement being stamped or
(2) Such statement stamped, printed or
written upon any such bond may be in sub-
stantially the following form:
(Date, giving month, year and day.)
This bond is to be registered pursuant to
the statutes in such case made and provided
in the name of (here insert name of owner),
and the interest and principal thereof are here-
after payable to such owner.
(3) If any bond shall have been registered
as aforesaid, the principal and interest of said
bond shall be payable to the registered owner.
The treasurer shall enter in the register of
said bonds to be kept by him, or in a separate
book, the fact of the registration of such bonds,
and in whose names respectively, so that said
register or book shall at all times show what
bonds are registered and the name of the regis-
tered owner thereof.
History.-41, ch. 25209, 1949.
378.42 Unpaid warrants to draw interest.-
Any warrant issued under this apter that
is not paid when presented to t treasurer of
the district because lack funds in the
treasury, such fact sha I endorsed on the
back of such warrant, an uch warrant shall
draw interest thereafte ~ t a te not exceeding
six per cent per ai um, until such time as
there is money o and to pay the amount of
such warrant a d the interest then accumu-
lated; but no interest shall be allowed on war-
rants after notice to the holder or holders
thereof that sufficient funds are in the treasury
to pay said endorsed warrants and interest.
History.-142, ch. 25209, 1949.
378.43 Audit by state auditor.-At the direc-
tion of the governor, audit of the district's
accounts may be made from time to time by
the state auditor and such audit shall be within
the authority of said state auditor to make.
Copy of such audit shall be furnished the gov-
ernor and the governing board of the district,
and a copy shall be filed with the clerks of
the circuit courts of each county within or
partly within said district. The expense of
said audit shall be paid by the district upon
a statement thereof rendered to the district by
the state auditor. Payment of the amount
thereof shall be made to the state comptroller
to be entered in and to reimburse the account
of the state auditing department so as not to
reduce the legislative appropriation for said
History.--43, ch. 25209, 1949.
Ch. 378 FLOOD CONTROL Ch. 378
378.44 Publication of notices, process, pa-
pers, etc.-Whenever in this chapter the pub-
lication of any notice, process, or paper is
required or provided for, unless otherwise ex-
pressly provided, the publication thereof in
newspaper or newspapers as defined in
I~ "hapter' having general circulation within
The aa o be affected, shall be taken and
considered as being sufficient.
History.-44, ch. 25209, 1949.
378.45 Discretionary authority.-For fur-
ther effectuating the purposes of this chapter,
the governing board of the district shall have
such discretionary power and authority com-
patible with the statute in connection with
which exercised as shall be necessary to per-
form such duties and acts and to decide such
matters and dispose of the same as are not
specifically defined in or covered by statute.
History.-145, ch. 25209, 1949.
378.451 Promotion, advertisement and im-
provement.-Any flood control district shall
have the authority, at the discretion of its gov-
erning board, to expend for purposes of promo-
tion, advertisement and improvement of the
program and objectives of the district, a year-
y sum not to exceed one fourth of one per
cent of the moneys collected by taxation within
mistory.-S5, ch. 61-497.
378.46 State agencies, cities, etc, authorized
to convey land to flood control districts.-
(1) (a) When it is found to be in the public
interest and for the public convenience and
welfare, and for the public benefit, and neces-
sary for carrying out the works of improve-
ment of any flood control district referred to
in this chapter for the protection of property
and the inhabitants in said district against the
effects of water, either from its surplus or
deficiency, and for assisting said district in
acquiring land for the purposes of said district
at least public expense, any state agency, any
county, any drainage district, any municipality
or any governmental agency or public corpora-
tion in this state holding title to land, is hereby
authorized, in the discretion of the proper offi-
cer or officers, the county commissioners of
any county, or the governing board of any
agency referred to in this section, to convey
the title to or to dedicate land, title to which
is in such agency, including tax reverted land,
or to grant use rights therein to any flood con-
trol district created under any law enacted by
the legislature at its 1949 session.
(b) The land to which this section shall ap-
ply shall be located within the boundaries of
said flood control district.
(2) Land granted or conveyed to said dis-
trict or dedicated to the purposes thereof, or
use rights in said land granted thereto, shall
be for the public purposes of said district, and
may be made subject to the condition that in
the event said land is not so used, or if used
and subsequently its use for said purpose is
abandoned, that granted shall cease as to said
district and shall automatically revert to the
(3) Any county, municipality, drainage dis-
trict, or other taxing agency holding title to
land through tax reversion, foreclosure, for-
feiture, or through other procedure by which
tax title vested in such agency, may, pending
the determination of needs of said district,
withhold from sale or other disposition from
time to time such land as in the judgment of
such agency may be needed or helpful in facili-
tating the purposes of this chapter. In the
event more than one taxing agency holds tax
title to the same land, resulting in multiple
reversion, each of said agencies may grant to
said district such right, title or interest as it
may have in said land.
(4) Any flood control district within this
chapter shall have authority to convey to any
other agency described herein land or rights
in land owned by said district not required for
its purposes, under such terms and conditions
as the governing board of said district may
(5) Any land granted or conveyed to such
district, or dedicated to the purposes thereof,
or the use right of which has been granted
thereto, shall not be subject to the district
taxes, or other taxes or special assessments
so long as said title or said rights remain in
(6) All rights of way of a flood control
district, which are within the boundaries of a
drainage district, shall not be liable for main-
tenance taxes of the drainage district.
History.-l1-5, ch. 25213, 1949; (6) n. .6, ch. 61-497.
378.47 Chapter to be liberally construed.-
This chapter shall be construed liberally for
effectuating the purposes described herein, and
the procedure herein prescribed shall be fol-
lowed and applied with such latitude consistent
with the intent thereof as shall best meet the
requirements or necessities therefore.
History.-546, ch. 25209; 56, ch. 25213, 1949.
378.48 Sale of lands.-The governing board
of the district may sell lands to which the
district has acquired title or to which it may
hereafter acquire title in the following manner:
(1) Any lands determined by the govern-
ing board to be surplus may be sold by the dis-
trict, at any time for the highest price obtain-
(2) All sales of land shall be for cash or
upon terms and security to be approved by
the governing board, but a deed therefore shall
not be executed and delivered until full pay-
ment is made.
(3) Before selling any land, except as pro-
vided in subsection (5) hereof, it shall be the
duty of the district to cause a notice of inten-
tion to sell to be published in a newspaper
published in the county in which said land is
situated once each week for three successive
weeks (three insertions being sufficient), the
first publication of which shall be not less
Ch. 378FLO COTOCh37
than thirty nor more than forty-five days prior
to any sale, which notice shall set forth the
time and place of the sale and a description of
lands to be offered for sale.
(4) All sales shall be conducted at the coun-
ty courthouse in the county in which the land
is located on any day of the week except Sun-
day and at any time specified in the notice
between the hours of 11:00 a.m. and 2:00 p.m.
(5) Public sale shall not be required where
surplus lands are being resold to the then
owner of that adjacent parcel from which the
surplus land was originally parted; provided
such sale is made within one year from the
time the land is declared surplus; and the
owner of the adjacent parcel shall be notified
by registered mail to the address shown on the
county tax roll within thirty days after the land
is declared surplus.
History.-14, ch. 29790, 1955.
378.49 Lease of lands or interest in land.
-The governing board of the district may lease
any lands or interest in land, including but
not limited to oil and mineral rights, to which
the district has acquired title, or to which it
may hereafter acquire title in the following
(1) For the best price and terms obtain-
able, to be determined by the board.
(2) Before leasing any land, or interest in
land including but not limited to oil and min-
eral rights, the district shall cause a notice of
intention to lease to be published in a news-
paper published in the county in which said
land is situated and such other places as the
board may determine once each week for three
successive weeks (three insertions being suf-
ficient), the first publication of which shall
be not less than thirty nor more than forty-five.
days prior to any lease, which said notice shall
set forth the time and place of leasing and a
description of the lands to be leased.
(3) It shall not be necessary to publish
the notice as provided by subsection (2) where
the lease is made to a person in connection
with land acquisition by the district and the
lease results in a diminution of the cost to the
district in the acquisition of the land.
istory.-14, ch. 29790, 1955.
378.50 Releases.-The governing board of
the district may release any canal easement,
reservation or right-of-way interests, conveyed
to it for which it has no present or apparent
future use under terms and conditions deter-
mined by the board.
History.-4, ch. 29790, 1955.
378.51 Execution of instruments.-Any in-
struments of sale, lease, release or conveyance
executed pursuant to the provisions of this
chapter shall be executed in the name of the
district by its governing ooard acting by the
chairman or vice-chairman of said board and
shall have the corporate seal of the board af-
fixed thereto attested by its secretary and any
such instrument shall be effective to pass the
title or interest of the district in the property
conveyed; provided, the district shall not war-
rant the title to any property sold, leased, re-
leased or conveyed.
History.-14, ch. 29790, 1955.
378.52 Cooperation between districts.-Any
flood control district created under the author-
ity of chapter 378, is authorized to advise other
flood control districts or water management
districts of the state in processing matters with
the federal government and to render such
technical assistance as may be helpful to the
efficient operation of such other districts.
History.--1, oh. 61-245.