No. CS/HB 4093
Filed under Environment & Water.
Fellsmere Water Control District, Indian River County; Provides that the district is dependent district of Indian River County; provides that the Board of County Commissioners of Indian River County shall be governing board of district; revises boundaries of district; provides for maintenance & use of certain canals; provides for certain access to public records.
Plain English Summary
AI-GENERATEDThe Fellsmere Water Control District stops being an independent, landowner-elected special district. Its charter now makes Indian River County's Board of County Commissioners the district's governing board, replacing the three-member board landowners used to elect on a one-acre, one-vote basis.
The district's boundaries are completely redrawn. Its area shrinks from 34,441 acres to 14,090 acres, a reduction of roughly 59 percent, so land previously inside the district's taxing and assessment authority falls outside it.
A new section spells out how Fellsmere will share the Lateral "U", Main, and Park Lateral canals with a future Headwaters Water Control District, including maintenance duties, access rights, and a dispute process through the Division of Administrative Hearings.
The change takes effect only if a companion bill, HB 4095 or similar legislation, also becomes law during this same legislative session or an extension of it.
AIThe act declares Fellsmere a dependent water control district and makes the Indian River County Board of County Commissioners its governing board, replacing the three-member board landowners elected under the old charter. The county clerk becomes a non-voting secretary-treasurer.
AIThe prior governing board of three landowners, elected on a one-acre, one-vote basis with fractional votes for partial acres, is eliminated along with its eligibility and election rules, since the county commission now serves automatically instead.
AISection 1 replaces the district's entire legal boundary description. The new boundary encloses 14,090 acres, down from 34,441 acres under the prior description, changing which parcels sit inside the district and are subject to its authority.
AIA new Section 3 assigns maintenance of the Lateral "U", Main, and Park Lateral canals between Fellsmere and a Headwaters Water Control District once that district is established; until then Fellsmere keeps full responsibility for all three.
AIIf Fellsmere and the future Headwaters district disagree on a water management plan amendment for the Park Lateral Canal, the dispute goes to DOAH's Alternative Dispute Resolution program first, then a formal hearing if that fails.