HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1499 Pine Tree Water Control District, Broward County
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Daley
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 18 Y, 0 N, As Darden Miller
Subcommittee CS
2) Public Integrity & Elections Committee 14 Y, 0 N Rubottom Rubottom
3) State Affairs Committee 24 Y, 0 N Mwakyanjala Williamson
SUMMARY ANALYSIS
The Pine Tree Water Control District (District) is an independent special district in Broward County created in
1961. The District’s charter was subsequently re-codified in 2001. The District is responsible for maintaining
water management and control facilities, including canals, ditches, reservoirs, and other structures for the
conservation, control, development, utilization, and disposal of water. The District is governed by a five-
member board consisting of three members elected by the landowners of the District and one member each
appointed by the city commissions of City of Coral Springs and the City of Parkland, respectively. Voting is
conducted on a one-acre/one-vote basis. The total budget of the District for Fiscal Year 2020-21 is $633,065,
derived from special assessments and interest on carryover funds.
The bill revises the election method for the elected members of the board from election by landowners on a
one-acre/one-vote basis to election by the qualified electors of the District. The bill is subject to approval by the
qualified electors of the District voting in a referendum to be held during the 2022 general election. If approved,
the first election of the popularly-elected board members would occur at the 2024 general election, with two
members elected to four-year terms and one member elected to a two-year term. All members would be
elected to four-year terms thereafter. Members of the board serving as of October 1, 2023, will continued to
serve until the certification of the 2024 general election results.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/19/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Special Districts
A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.1 Special districts are created by general law, special act,
local ordinance, or by rule of the Governor and Cabinet.2 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.3
An “independent special district” is characterized by having a governing board comprised of members
who are not identical in membership to, nor all appointed by, nor any removable at will by, the
governing body of a single county or municipality, and the district budget cannot be affirmed or vetoed
by the governing body of a single county or municipality. 4 Additionally, a district that includes more than
one county is an independent special district unless the district lies wholly within the boundaries of a
single municipality.
Water Control Districts
Chapter 298, F.S., governs the creation and operation of water control districts (WCD). A WCD has
authority and responsibility to construct, complete, operate, maintain, repair, and replace any and all
works and improvements necessary to execute the water control plan adopted by that district.5 A WCD
may build and construct any other works and improvements deemed necessary to preserve and
maintain the works in or out of said district. A WCD also may acquire, construct, operate, maintain, use,
purchase, sell, lease, convey, or transfer real or personal property, including pumping stations,
pumping machinery, motive equipment, electric lines and all appurtenant or auxiliary machines,
devices, or equipment.6
Most WCDs are governed by a three-member board composed of landowners within the district who
are also residents of the county where the district is located.7 A landowner meeting to elect the initial
board must be noticed within 20 days after the effective date of the special act creating the district. The
notice must be published at least once a week for two consecutive weeks in a newspaper of general
circulation in each county in which the district is located and the last publication must be no less than
10 and no more than 15 days before the date of the meeting.
Landowners vote for the governing board of the district on a one-acre/one-vote basis, with the three
persons receiving the highest number of votes elected in the initial election.8 Landowners may vote in
person or by a signed proxy that complies with the requirements of s. 607.0722, F.S. The landowners
at the initial election determine the length of the term of office for the initial board, selecting one
member to serve a one-, two-, or three-year term, respectively. All members subsequently elected
1 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2 See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S. See generally s. 189.012(6), F.S.
3 2020 – 2022 Local Gov’t Formation Manual, pp. 60-61, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021&Doc
umentType=General+Publications&FileName=2021-2022+Local+Government+Formation+Manual.pdf (last visited Mar. 23, 2021).
4 S. 189.012(3), F.S.
5 S. 298.22, F.S.
6 S. 298.22(3), F.S.
7 S. 298.11(1), F.S.
8 S. 298.11(2), F.S. Landowners who own less than one acre receive one vote, while landowners who own more than one acre are
entitled to additional votes for any fraction of an acre greater than one-half owned in addition to votes equal to the number of whole
acres owned.
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serve a three-year term, with one member of the board elected by the landowners each year.9 Ch. 298,
F.S., provides no authority to convert the governing board of a WCD to election by the qualified electors
of the district on a one-person/one-vote basis.10
A special act or general law of local application may not grant additional authority, powers, rights, or
privileges to a WCD.11 This prohibition, however, excludes legislation that would:
Amend an existing special act to provide for the levy of an annual maintenance tax of a district;
Extend the corporate life of a district;
Consolidate adjacent districts; or
Authorize the construction or maintenance of roads for agricultural purposes.
Additionally, the statute expressly does not prohibit special or local legislation to:
Change the method of voting for a board of supervisors for any WCD;12
Change the term of office for board members and the qualifications to serve on the board of
supervisors in a WCD;13 and
Change the governing authority or governing board of any WCD.14
Any special or local law enacted by the Legislature pertaining to a WCD prevails on the district and has
the same force and effect as if it was a part of ch. 298, F.S., at the time the district was created and
organized.15
Pine Tree Water Control District
The Pine Tree Water Control District (District) is an independent special district in Broward County
created in 1961.16 The District’s charter was subsequently re-codified in 2001.17 The charter does not
provide for conversion of the District to popular elections of the board members. The District is
responsible for maintaining water management and control facilities, including canals, ditches,
reservoirs, and other structures for the conservation, control, development, utilization, and disposal of
water.18
The District is governed by a five-member board consisting of three members elected by the
landowners of the District and one member appointed by the city commissions of City of Coral Springs
and the City of Parkland, respectively.19 All members must be landowners within the District and the
members appointed by city commissions must be residents of the District.20
The total budget of the District for Fiscal Year 2020-21 is $633,065, derived from special assessments
and interest on carryover funds.21
Effect of Proposed Changes
The bill revises the election method for the elected members of the board from election by landowners
on a one-acre/one-vote basis to election by the qualified electors of the District. The first election of the
popularly-elected board members would occur at the 2024 general election, with two members elected
to four-year terms and one member elected to a two-year term. All members are elected to four-year
9 S. 298.12(1), F.S.
10 See ss. 298.11, 298.12, F.S.
11 S. 298.76(1), F.S. Before revisions in 1980, this section provided an explicit restatement of the Legislature’s authority to grant
additional powers to WCDs by special act. See ch. 80-281, s. 5, Laws of Fla.
12 S. 298.76(2), F.S.
13 S. 298.76(3), F.S.
14 S. 298.76(4), F.S.
15 S. 298.76(5), F.S.
16 Ch. 2001-320, s. 2, Laws of Fla.
17 Ch. 2001-320, Laws of Fla.
18 Ch. 2001-320, s. 3(4)(8), Laws of Fla.
19 Ch. 2001-320, s. 3(5)(1), Laws of Fla.
20 Ch. 2001-320, ss. 3(5)(1), 3(5)(6), Laws of Fla.
21 Annual Operating Budget Fiscal Year 2021, Pine Tree Water Control District, available at https://www.pinetreewcd.com/finances (last
visited Mar. 17, 2021).
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terms thereafter. Members of the board serving as of October 1, 2023, will continued to serve until the
certification of the 2024 general election results.
Elections to the board must be non-partisan and conducted in accordance with general law concerning
elections. Candidates for the board are required to file qualifying papers for individual seats and either
pay a qualifying fee or submit a petition signed by at least 1 percent of the qualified electors of the
District.
The bill may only take effect upon approval of the qualified electors of the District voting in a
referendum held during the 2022 general election. The bill provides a ballot title and question for the
referendum and instructs the Broward County Supervisor of Elections to conduct the referendum
election.
B. SECTION DIRECTORY:
Section 1: Amends ch. 2001-320, Laws of Fla., to provide for election of elected District board
members by all qualified electors of the District.
Section 2: Sets a referendum on the bill to be held at the 2022 general election and provides a
ballot summary and ballot question.
Section 3: Provides that the bill takes effect upon its approval by a majority vote of the qualified
electors of the District voting in a referendum to be held on November 8, 2022, except
section 2 and section 3 take effect upon the bill becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? January 17, 2021
WHERE? The Sun-Sentinel, a daily newspaper of general circulation published in Broward
County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [x] No []
IF YES, WHEN? November 8, 2022
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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DATE: 4/19/2021
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 23, 2021, the Local Administration & Veterans Affairs Subcommittee adopted a proposed
committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS conditioned
the bill taking effect upon approval by District’s electors voting in a referendum to be held during the 2022
general election.
This analysis is drafted to the committee substitute as approved by the Local Administration & Veterans
Affairs Subcommittee.
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DATE: 4/19/2021