Fla. Stat. 298.77
Readjustment of assessments; procedure, notice, hearings


(1)

Whenever the owners of 25 percent or more of the acreage of the land of any district situated wholly in a single county existing under the general drainage laws of this state, now this chapter, joined by the holders of not less than 95 percent of the indebtedness outstanding against that district, shall file a petition with the board of supervisors, stating that there has been a material change in the value of the property in the district since the last previous assessment of benefits, contributed to by the drainage system; that a relatively large portion or portions of the district have become nontaxable for the purpose of paying the indebtedness of such district; that a named person, corporation, or agency has purchased the obligations of the district at a discount and under circumstances whereby the district is expected to pay in discharge of its obligations a sum greatly less than the par value of such obligations; that improvements within the district made possible or practicable by the drainage effected have been such as to enhance values in a portion or portions thereof more than in other portions of the district; and that developments in all parts of the district are believed to have been retarded by the inability of property owners to pay assessments and discharge individual properties from the lien of the drainage tax; and praying for readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of taxes to pay the indebtedness of such district and to maintain its drainage system, the board of supervisors shall give notice of the filing and hearing of the petition in the manner and for the time provided for in s. 298.301.

(2)

Such notice may be in the following form:

NOTICE IS HEREBY GIVEN to all persons interested in the lands included within the Water Control District that a petition has been filed with the district, praying for a readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of taxes against the various pieces and parcels of land in said district to pay its indebtedness and maintain its drainage system, and that said petition will be heard by the board of supervisors on the day of , (year) .

Dated , (year) .

(Secretary of District)

County

(3)

Any interested person may file an answer to the petition before the return day and, if so, shall be duly heard, but, if not, the cause shall proceed ex parte. Upon the hearing of the petition, if the board shall find that there has been a material change in the values of the lands in the district since the last previous assessment of benefits, contributed to by the drainage system, and that the other material allegations of the petition herein required to be set forth are substantially true, the board of supervisors shall order that there be made a readjustment of the assessment of benefits for the purpose of providing a basis upon which to levy further and future taxes for the payment of the obligations of, and maintaining the drainage system in, the district, and shall order the engineer’s report to be revised accordingly. Thereupon, the board of supervisors shall proceed pursuant to s. 298.301 to make such readjustment of assessment of benefits to each piece or parcel of land which has accrued or will accrue as a result of the drainage system. Provided, in making the readjustment of the assessment of benefits, the board of supervisors shall not increase the existing assessment, or unpaid portion thereof, on any piece or parcel of land; provided, further, that after the making of such readjustment, the limitation of 10 percent of the annual maintenance tax which may be levied shall apply to the amount of benefits as readjusted.

Source: Section 298.77 — Readjustment of assessments; procedure, notice, hearings, https://www.­flsenate.­gov/Laws/Statutes/2024/0298.­77 (accessed Aug. 7, 2025).

298.001
Districts designated as “water control” districts
298.01
Formation of water control district
298.005
Definitions
298.11
Landowners’ meetings
298.12
Annual election of supervisors
298.13
Supervisor’s oath of office
298.14
Organization of board
298.15
Record of proceedings
298.16
Appointment of district engineer
298.17
Appointment and duties of treasurer of district
298.18
Supervisors to employ attorney for district
298.19
Appointment and duties of superintendent of plant and operations and overseers
298.20
Supervisors to fix compensation for work and employees
298.21
Supervisors may remove officers and employees
298.22
Powers of supervisors
298.23
Supervisors authorized to take land for rights-of-way, etc.
298.24
Bridge construction
298.25
Type of bridges over drains in large counties
298.26
District engineer to make annual reports to supervisors
298.28
Watercourses to be connected with drainage of district
298.36
Lands belonging to state assessed
298.41
Taxes and costs a lien on land against which taxes levied
298.47
Supervisors may issue bonds
298.48
Sale of bonds and disposition of proceeds
298.49
Interest upon matured bonds
298.50
Levy of tax to pay bonds, sinking fund
298.51
Defaults, receivership for district
298.52
Refunding and extending bonds
298.54
Maintenance tax
298.56
Bonds issued secured by lien on lands benefited
298.57
Landowner in district may construct drains across land of intervening landowner
298.59
Supervisors authorized to obtain consent of United States
298.60
Unpaid warrants issued by district to draw interest
298.61
Sureties on bonds
298.62
Lands may be acquired for rights-of-way and other purposes
298.63
Bonds to secure loans from Secretary of Interior
298.66
Obstruction of public drainage canals, etc., prohibited
298.70
Department of Environmental Protection authorized to borrow money
298.71
Department may issue notes
298.72
Department may use proceeds of drainage tax to pay loans
298.73
Matured written obligations receivable in payment of taxes
298.74
Drainage of lakes
298.76
Special or local legislation
298.77
Readjustment of assessments
298.78
Lien
298.225
Water control plan
298.301
District water control plan adoption
298.305
Assessing land for development
298.329
When works insufficient, supervisors have power to make a new or amended plan
298.333
Assessments and costs
298.341
When unpaid assessments delinquent
298.345
Enforcement of non-ad valorem assessments
298.349
Uniform initial acreage assessment for payment of expenses
298.353
Unit development
298.365
Collection of annual installment tax
298.366
Delinquent taxes
298.401
Property appraisers and tax collectors
298.465
District taxes

Current through Fall 2025

§ 298.77. Readjustment of assessments; procedure, notice, hearings's source at flsenate​.gov