Title: Statement
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00001961/00001
 Material Information
Title: Statement
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Statement
General Note: Box 10, Folder 1 ( SF Taxation, ad valorem tax referendum-SWFWMD-1975 - 1975 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001961
Volume ID: VID00001
Source Institution: Levin College of Law, 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

In January, 1975, Southwest Florida Water Management

District initiated a suit in Hernando County to obtain a

judicial declaration of the effect of the proposed boundary

change upon its ad valorem taxing power. The question was

basically: Will the District's change of boundary end the

constitutionally protected status of its ad valorem taxing


On April 29, 1975, the Circuit Court of the Fifth

Judicial Circuit in Hernando County ruled that the proposed

boundary changes would so materially revise the configuration

of SWFWMD that it would no longer be the special taxing dis-

trict it was before the Florida Constitution was revised

in 1968. In other words, if the boundary changes mandated

by the Water Resources Act of 1972 were to be carried out, the

numerous flood control, water supply and water resource pro-

tection efforts of both districts would either be thrown into

limbo or be put under the exclusive control of the State.

SWFWMD is currently in the appellate process of putting the

question before the Florida Supreme Court.

Following the Circuit Court ruling, the Legislature

postponed implementation of the boundary changes to permit

more detailed analysis of the taxing problem and further

clarification from the appellate courts.


When the Water Resources Act of 1972 was passed, it

was not then anticipated that the Act would jeopardize the

local funding of water management programs within the exist-

ing districts.

Passage of the Constitutional amendment would eliminate

doubt as to the authority of the Legislature to permit water

management districts to levy ad valorem taxes necessary to

fund water management programs. The proposed boundary change

would then no longer jeopardize the funding abilities of the

existing districts.

Approval of the amendment will assure that the many

important water management programs needed throughout the

State will be possible as local residents define and request

them. The amendment's approval would permit the Legislature

to insure that projects having localized impact be funded

from local sources.

The current allowable tax levy will not be increased

in these two districts as a result of the passage of the pro-

posed amendment.

A vote for the amendment will help to eliminate doubt

as to the viability of the basin board concept as a means of

local control over projects and taxes.

1- "'""

i I I 6 W

The proposed amendment to the Florida Constitution

will be presented to the voters March 9, 1976. All are urged

to participate.

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