SEMINOLE INDIAN RESERVATION Ch. 285

285.15 Grant of fishing and hunting privi­leges by trustees of fund.-

(1) The trustees of the internal improve­ment fund of the state, in their discretion, may grant exclusive hunting and fishing privileges and rights to the Seminole Indians of Florida as defined in §285.08, covering lands under their administration, management, control and super­vision, not to exceed a term of fifteen years. The rights granted under this section extend only to game taken by the said Indians for personal consumption, and no other license or

permit shall be required, notwithstanding the provisions of any other law.

(2) The trustees of the internal improve­ment fund of Florida, in their discretion, may grant to the Seminole Indians of Florida, as defined in §285.08, the exclusive right to take frogs for personal consumption and for com­mercial purposes, covering lands under the said internal improvement fund's administration, management, control and supervision, not to exceed a term of fifteen years.

mstory.-§1, ch. 59-451.

1201

Ch. 287 STATE PURC'QASING COMMISSION

CHAPTER 287

STATE PURCHASING COMMISSION

287.011 Definitions. 287.021 Purpose. 287.031 State purchasing commission; establish-

ment; members. 287.041 Same; rules, regulations. 287.051 Same; duties and powers. 287.061 Purchases by agencies; regulated by com­

mission.

287.011 Definitions.-The following terms are defined for the purposes of this chapter to have the following meanings:

(1) The word "agencies" shall mean and in­clude all the various state agencies, officers, departments, boards, commissions and institu­tions.

(2) The word "commodities" shall mean and include the various commodities, goods, mer­chandise, class B printing, equipment and other personal property purchased by the agencies of the state, but not including the materials covered by chapters 233 and 283, with the ex­ception of §283.10. Bids shall be required on class B printing, which is included in the defi­nition of the word "commodities."

(3) The word "commission" shall mean the state purchasing commission.

Blstory.-§1, ch. 57-171; (2) by §1, ch. 59-318. Note.-simllar provisions in former §287.01.

287.021 Purpose.-The purposes or aims of the commission shall be to coordinate and pro­mote efficiency and economy in the purchase for the state by its agencies of the commodities used by them.

Hlstorr.-Comp. §2, ch. 57-171. Note.-simllar provisions In former §287.02.

287.031 State purchasing commission; es­tablishment; members.-There is hereby estab­lished a state purchasing commission of Florida, to be known and designated as the state purchasing commisston of Florida, which shall consist of the governor, the secretary of state, the attorney general, the comptroller, the treasurer, the superintendent of public instruc­tion, the commissioner of agriculture.

Hlstory.-Comp. §3, ch. 57-171 . )fote.-Blmilar provisions in former §287.03.

287.041 Same; rules, regulations.-(!) The chairman of the purchasing com­

mission shall be the governor and the commis­sion shall prescribe rules and regulations governing the manner in which its business may be conducted and in which the authority and duties granted to it by law may be carried out. It shall meet at regular times and in special meeting at the call of the chairman upon due notice to the membership. It shall employ a suitable and competent person, not a member of the commission, as executive secretary, and shall employ such clerical and other assistants as may be necessary to carry out its purposes. Its office shall oo at the state capitol.

(2) The members of the purchasing com-

287.071 Agencies to furnish information as to purchases.

287.081 Purchases exceeding $1000 to be made on bids.

287.091 Appropriation. 287.101 Acquisition of property. 287.111 Scope.

mission shall serve without compensation but all their necessary expenses shall be paid.

Hlstorr.-Comp. §4, ch. 57-171. Note.-stmilar provisions in former §287.04.

287.051 Same; duties and powers.-The purchasing commission shall supervise the per­formance, through its executive secretary and upon its request, through the agencies of the state, of the following duties:

(1) A study of the purchases of commodi­ties by the agencies of the state, the compila­tion, exchange and coordination of information concerning same and the distribution of such information to the agencies, to any county, municipal or other local public authority re­questing same, including county boards of pub­lic instruction.

(2) The planning and coordination of pur­chases in volume for th.e agencies in order to take advantage of and secure the economies possible by volume purchasing; the arrange­ment of agreements between agencies whereby one agency may make a purchase or purchases for another agency or for a county, municipal or other local public authority; the negotiation and execution of purchasing agreements and contracts through and under which the com­mission may require state agencies to purchase and other public authorities may elect to pur­chase, and the obtaining or establishment of methods for obtaining of competitive bid prices upon which any agency of the state may pur­chase and, where practicable, upon which a county, municipal or other local public author­ity may purchase.

(3) The arrangement of provisions in pur­chase contracts of the state or any agency, providing that the same price for which a com­modity is available to the state, shall also, during the period of time provided therein be available to any county, county board of public instruction, municipal or other local public agency or authority which may desire to pur­chase at the state contract price.

Hlstory.-Comp, §5, ch. 57-171. Note.-Bim!lar provisions In former §287.05.

287.061 Purchases by agencies; regulated by commission.-

(!) The purchasing commission shall adopt purchasing regulations governing the purchase by any agency of any commodity or commodities and establishing standards and specifications for a commodity or commodities and the maxi­mum fair prices of a commodity or commodities. It shall have the power to amend, add to, or eliminate purchasing regulations. The adoption

1202

STATE PURCHASING COMMISSION Ch. 287

of, amendment, addition to, or elimination of purchasing regulations shall be based upon a determination by the purchasing commission, upon a majority vote registered in its minutes, that such action is reasonable and practicable and advantageous to promote efficiency and economy in the purchase of commodities by the agencies of the state. Upon the adoption of any purchasing regulation, or an amendment, addition or elimination therein, copies of same shall be furnished to the state comptroller and to all agencies affected thereby. Thereafter, no agency of the state shall purchase any commod­ities covered by existing purchasing regulations unless such commodities be in conformity with the standards and specifications set forth in the purchasing regulations and unless the price thereof does not exceed the maximum f air price established by such purchasing regulations. The comptroller of the state shall not approve any account nor order and direct any payment of any account for the purchase of any commodity covered by an existing purchasing regulation when the purchase price of such commodity is in excess of the maximum fair price fixed there­for by such purchasing regulation. The said commission shall furnish to any county or mu­nicipality or other local public agency of the state requesting same, copies of purchasing regulations adopted by the purchasing com­mission and any amendments, changes or elimi­nations of same that may be made from time to time.

(2) The state purchasing commission shall have supervision over the purchasing and pur­chasing practices of each state agency or insti­tution and may by regulation or order correct any practice that appears contrary to this chap­ter or to the best interests of the state. If it shall appear that any agency or institution is not practicing economy in its purchasing or is permitting favoritism or any improper purchas­ing practice, the commission shall require that the agency or institution immediately cease such improper activity with full and complete authority in the commission to carry into effect its directions in such regard.

Hlstory.-Comp. §6, ch. 57-171. Note.-BimUar provisions In former §287 .06.

287.071 Agencies to furnish information as to purchases.-Each and every agency of the state shall furnish information relative to its purchases of commodities, and as to its methods of purchasing such commodities to the purchas­ing commission upon the request of said pur­chasing commission.

Hlatory.-Comp. §7, ch. 57-171. Note.-Bimllar provisions In former §287.07.

287.081 Purchases exceeding $1000 to be made on bids.-

(1) No purchase shall be made where the purchase price thereof is in excess of one thou­sand dollars unless made upon competitive bids received; and when the purchase price is in

excess of two thousand dollars no purchase shall be made unless competitive bids are re­ceived after advertising therefor in a newspaper of general circulation at least once a week for not less than two consecutive weeks prior to the date on which bids are to be received; provided, however, that if the executive head of any agency of the state shall determine that a real emergency exists in regard to the purchase of any commodities, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then and in such event the provisions herein for competitive bidding shall not apply and the head of such agency may authorize or make purchases of such commodities, without giving opportunity for competitive bidding thereon, but such head of the agency shall, within ten days after such determination and purchase, file with the purchasing commission a written statement of the commodity pur­chased and a certificate as to the conditions and circumstances constituting such emergency.

(2) There is excepted from bid require­ments existing purchasing agreements and con­tracts, also noncompetitive items which are only available from one source, but in such instances a certification must be made as pro­vided in subsection (1) for emergency pur­chases.

(3) Whenever two or more competitive bids are received, one or more of which relates to commodities manufactured within this state, and whenever all things stated in such received bids are equal with respect to price and quality, the commodities manufactured within this state shall be given preference. A similar preference shall be given to commodities manufactured within this state whenever purchases are made without competitive bids, and when practical the commission may by regulation establish reasonable preferential policies for other com­modities giving preference to resident suppliers of this state.

Any foreign manufacturing company with a factory in the state and with over two hundred employees working in the state shall have pre­ference over any other foreign company where both price and quality are the same, regard­less of where the product is manufactured.

( 4) Any procedures adopted by the state purchasing commission with reference to public printing must comply with the provisions of chapter 283. However, if any department head should determine, from the nature of the type printing to be done, that it would be detrimental to the interests of the state to requisition cer­tain printing through the state purchasing com­mission due to delay incident to giving op­portunity for competitive bidding, unusual problems presented or to any type of emer­gency, the department head may file with the purchasing commission a statement under oath certifying his reasons for requesting exemption from the provisions of the state purchasing law.

1203

Ch. 287 STATE PURCHASING COMMISSION

Upon receipt of the statement the purchasing commission may, in writing, authorize the pur­chase contemplated by the department subject to the provisions of chapter 283.

Hlstory.-§8, ch. 67-171; (3)n. by §1, ch. 59-310; (4)n. by §2, ch. 59-318.

Note.-slmllar provisions found In former §287.08. cf.-§377.02 Purchases subject to competitive bids, advertisement;

emergency purchases.

287.091 Appropriation.-For the purpose of carrying out the provisions of this chapter there is hereby appropriated from the moneys in the general revenue fund in the state treas­ury not otherwise appropriated the sum of forty thousand dollars annually from which the pur­chasing commission shall pay all costs and expenses of its operations, the costs of supplies, materials and equipment and the salaries of personnel.

Hlstory.-Comp. §9, ch. 67-171 . Note.-slmllar provisions In former §287.09.

287.101 Acquisition of property.-All rec­ords, equipment, files and all other personal property of every description held by the state purchasing council under chapter 287 is hereby transferred to and becomes the property of the state purchasing commission.

Hiltory.-Comp. §10, ch. 57-171.

287.111 Scope.-(1) All existing laws and parts of laws re­

lating to purchase of commodities by state agencies are hereby repealed, including chapter §§287.01-287.10.

(2) This chapter shall neither repeal nor modify any part of chapters 233 or 283.

Hlstor;r.-Comp. §11, ch. 57-171. Note.-slmllar provisions In former §287.10.

1204

FLORIDA DEVELOPMENT COMMISSION Ch. 288

CHAPTER 288

FLORIDA DEVELOPMENT COMMISSION

288.01 Florida development commission. 288.02 Membership of commission; appointment

and qualifications; officers; compensation; headquarters.

288.03 Powers and duties of commission. 288.04 Executive director. 288.05 Establishment of divisions. 288.06 Contracts; research activities. 288.07 Accessibility of records, data and informa-

tion of other state agencies. 288.08 Publications; sale at cost. 288.09 Acceptance of gifts or grants. 288.10 Organization of advisory committees. 288.11 Abolition of Florida state advertising com­

mission and Florida state improvement commission.

288.12 Powers; employees; organization; offices. 288.13 Cooperation with other units, boards,

agencies and individuals. 288.14 Trustees of internal improvement fund may

cooperate. 288.15 Further powers of commission. 288.151 Issuance of bonds, notes, etc., of commis­

sion. 288.152 Pledge of excess rentals and revenue. 288.153 Bonds or revenue certificates; legal invest­

ments and security.

288.01 Florida development commission.­There is hereby created and established a com­mission to be known as Florida development commission, hereinafter referred to as "com­mission."

History .-Comp. §1, ch. 29788, 1955.

288.02 Membership of commission; appoint­ment and qualifications; officers; compensa­tion; headquarters.-

(!) The commission shall consist of nine members, to-wit: one member from each con­gressional district as defined and limited at the time this chapter becomes a law, a:nd a chairman from the state at large, all of whom shall be appointed by the governor. Members shall be residents of the district from which appointed and qualified electors of the state and shall be selected with special reference to their knowledge of and interest in the re­sources and development of the state. Of the members first appointed, the chairman and four members shall be appointed for two years and remaining members appointed for four years, provided the chairman shall serve at the pleas­ure of the governor. Subsequent appointments, except for filling of vacancies, shall be for the full term of four years. Vacancies occurring shall be filled by appointment of the governor for the unexpired term. The members of the commission may be suspended by the gover­nor and may be removed from office for the reasons, under the circumstances and as pro­vided by Art. IV, Sec. 15, Florida constitution.

(2) Members of the commission shall re­ceive no compensation for their services but shall be entitled to receive their actual and necessary expenses incurred in the perform­ance of their official duties.

(3) Before entering upon his duties, each

288.16 Commission; bonds, notes, etc.; certain private sales authorized.

288.17 Purchase or construction of state buildings; . pledge of funds appropriated.

288.18 Planning, promoting and supervising state building projects.

288.19 Records, accounts, and reports. 288.20 Revenue to be deposited in state treasury. 288.201 Custodian of investments. 288.202 Revenue bond revolving fee account. 288 .203 Revenue bond department, expenses. 288.204 Fee schedule. 288.21 Existing rights and powers not impaired. 288.22 Members not liable for obligations of com-

mission. 288.23 Commission authorized to acquire roads and

bridges. 288.24 Commission authorized to acquire ferries

and toll ferries. 288.25 Commission authorized to acquire airports,

facilities, etc. 288.26 Financing by commission. 288.27 Lease or sale by commission. 288.28 Road department authorized to purchase. 288.29 Ratifying prior transactions. 288.30 Cumulative provisions. 288.31 Armories; financing construction author-

ized.

member shall execute the oath of office pre­scribed by Art. XVI, Sec. 2, Florida constitu­tion, and file same with the secretary of state, and otherwise comply with all statutory and constitutional provisions relating to the ap­pointment and commissioning of public of­ficeJ;s.

( 4) As soon after appointment of the com­mission as may conveniently be done, thP. gov­ernor shall call the first meeting of the com­mission ·'for the purpose of its organization. The commission shall select from its member­ship from time to time a vice-chairman, and shall select a secretary, who may be the direc­tor, hereinafter provided for. The commission shall also be authorized to select an assistant­secretary. In the absence, sickness or inability of the chairman of the commission to act, the duties of the chairman shall be performed by the vice-chairman; in the absence, sickness or inability of the secretary of the commission to act, the duties of the secretary shall be per­formed by the assistant-secretary.

(5) The commission may adopt a seal; shall adopt rules for the transaction of its business and shall keep a record of its transactions, findings and determinations, which record shall be a public record.

(6) The headquarters of the commission shall be in the city of Tallahassee and the commission shall be furnished suitable office accommodations in such state building or buildings as may be designated by the gover­nor and the secretary of state. The commis­sion may establish agencies, branch offices, exhibits or other facilities at such points other than Tallahassee as the commission may de­termine proper.

Blstory.-§2, ch. 29788, 1955; {4) by §1, ch. 57-57. Note.-simllar provisions contained in former §286.13, 1853.

1205

Ch. 288 FLORIDA DEVELOPMENT COMMISSION

288.03 Powers and duties of commission.­The general purposes of the commission shall be to guide, stimulate and promote the coordi­nated, efficient and beneficial development of the state and its regions, counties and munici­palities in accordance with present and future needs and resources and the requirements of the prosperity, convenience, comfort, health, safety and general welfare of the people of the state.

For the accomplishment of such purposes, the commission shall have the power and au­thority to:

(1) Create and build Florida industries, promote commerce and sale of Florida prod­ucts, encourage employment for Florida citi­zens, encourage visitors from other states and countries to come to Florida, and raise the earning level of Florida's citizens; and in order to promote and develop business, agriculture, industry, commerce and employment for citi­zens of the state, to plan and conduct a cam­paign of information, advertising and pub­licity relating to the business, industrial, com­mercial, agricultural, educational, recreational, scenic, historic, transportation and residential facilities, advantages, products and attractions of the state and all parts thereof; and to dis­seminate any such information pertaining to Florida through and by means of the follow­ing media: newspaper advertising outside the state; magazine advertising in magazines of national circulation; outdoor advertising out­side the state; radio and television advertising over stations outside the state or networks extending outside the state; preparing and cir­culating motion pictures; preparing, purchasing and distributing by mail, or by other means of advertising, literature and other material, in­cluding exhibits; and, although not specifically detailed but nevertheless included in such media, the promotion and encouragement of and, if necessary, the contribution to the hap­pening and the holding of events and activities within the state, including follow-up contacts by personnel of the commission within or with­out the state, which in the judgment of the commission will beneficially publicize the state in furtherance of the purposes, powers and du­ties of the commission as prescribed in this chapter.

(2) Assist in carrying out any program of information, special events and publicity designed to attract Florida tourists, visitors and other interested persons from outside the state;

(3) Encourage and cooperate with other public and private organizations or groups in their efforts to publicize the attractions and agricultural and industrial advantages of the state;

( 4) Promote and encourage the bringing to the state of conventions, sporting events and other special events or groups;

(5) Plan and carry out programs designed to enlarge and improve trade with other states and with foreign countries, and particularly with countries in the western hemisphere;

(6) Study and recommend to the governor and the legislature such actions or measures as are necessary or desirable to remove bar­riers to free and advantageous flow of com­merce and to relieve restrictions or burdens imposed by law or otherwise which adversely retard or affect the legitimate expansion and development of commerce and industry;

(7) Encourage research designed to further new and more extensive uses of the natural and other resources of the state, with a view to the development of new products and in­dustrial processes;

(8) Promote and encourage the expansion and development of markets for Florida products;

(9) Serve as a clearing house for research, planning and programs to relieve the indus­trial problems of the state;

(10) Investigate and study conditions af­fecting Florida business, industry and com­merce, collect and disseminate information and encourage technical studies, scientific investi­gations, statistical research and educational ac­tivities necessary or useful for the proper exe­cution of the powers and duties of the com­mission;

(11) Plan and develop an effective business information service that will directly assist Florida industry and also encourage indus­tries outside the state to use business facilities within the state;

(12) Compile, collect and periodically make available scientific indexes and other informa­tion relating to current business conditions;

(13) Study long-range trends and develop­ments in the industries of the state and ana­lyze the reasons underlying such trends; study costs and other factors affecting successful operation of businesses within the state; and make to the governor and to the legislature, from time to time, recommendations for the improvement of any conditions, and for the elimination of any restrictions or burdens im­posed by law, or otherwise existing, which ad­versely affect or retard legitimate development and expansion of business, industry, agricul­ture and commerce;

(14) Upon request of the governor, to in­quire into and report to him concerning any program of public state improvements and the financing thereof;

(15) Advise, assist and cooperate with mu­nicipal, county, regional, metropolitan area and other local planning and development agencies within the state in preparing plans and pro­grams for physical and economic development of such areas;

(16) Advise, assist and cooperate with other federal, state, local or private organizations and individuals in planning, coordinating and promoting the further development and im­provement of systems of air routes, airports and landing fields, and the stimulation and promotion of aviation commerce and industry within the state;

(17) In accordance and compliance with any federal law or regulation now enacted or

1206

FLORIDA DEVELOPMENT COMMISSION Ch. 288

hereafter to be enacted to act as the official agency of the state to work with federal agen­cies in matters affecting aviation, hospitals, federal distribution of surplus property and for any other purpose as to which the legisla­ture has not designated another state officer, board, bureau, commission, department or agen­cy in relation thereto; state, regional, county, metropolitan area or municipal planning, plan­ning or construction of public works, urban redevelopment. and other mat ters concerning the acquisition, planning, construction, devel­opment, financing, control, improvement, or dis­tribution of lands, buildings, structures, facili­ties, goods or services in the interest of the public, or for public purposes, or involving the expenditure of public funds, and to act as the official agency of the state in connection with the grant or advance of any federal or other funds or credits to the state or through the state to its local governing bodies, in cornpli­a.nce with any such federal law;

(18) Accept, and expend, without the neces­sity of appropriation by the legislature, any gift or grant of money made to the commis­sion for any or all of the purposes specified in this section;

(19) Cooperate with municipalities, coun­ties and areas of the state in problems incident to the presence of large numbers of aged per­sons, including research and the planning, adoption and execution of programs for pro­viding employment, entertainment and activi­ties for such persons;

(20) Perform all of the powers and duties and exercise all of the authority prescribed by chapter 420,* or any other state statute or laws, therein vested in Florida state improvement commission, which said commission is abol­ished.

Hlstory.-comp. §3, ch. 29788, 1955. Note.-slmllar provisions contained In former §§286.19, 286.20,

1953. cf.-§288.11 Abolition of Florida state improvement commission. •Provisions of former Chapter 420 transferred to this chapter and now appear as § §288.12-288.16, 288.19-288.31.

288.04 Executive director.-(1) With the approval of the governor, the

commission shall appoint a director who shall be executive director of the commission and have general charge of the work of the corn­mission. He shall serve at the pleasure of the commission. Compensation of the director shall be fixed by the commission, but shall not exceed salaries paid by the state to cabinet officers.

(2) The director shall appoint such assist­ants, experts, technicians and clerical staff as the commission may deem necessary for the ef­ficient conduct of its work.

Hlstorr.-Comp. §4, ch. 29788, 1955.

288.05 Establishment of divisions.- The work of the commission may be conducted through such divisions as may be established from time to time by resolution of the com­mission.

Blotory.-comp. f5, ch. 29788, 1955.

288.06 Contracts; research activities.- In the performance of its duties, the commission is empowered and authorized to make and i:!nter into contracts, and to assume such other func­tions as are necessary to carry out the pro­visions of this chapter that are not inconsistent with this or other laws. The commission may make and enter into contracts with other boards, commissions, agencies and institutions of this state or other states, upon such terms as may be agreed upon, to have such studies and research activities conducted as may be necessary and proper, the cost thereof to be paid out of funds which may be appropriated to the commission.

Blstory.-comp. §6, ch. 29788, 1955.

288.07 Accessibility of records, data and in­formation of other state agencies.-In collect­ing and assembling information, the cornrni~­sion is authorized to make use of such perti­nent data as may be secured from boards, corn­missions, officials, agencies and institutions in the state. The commission shall have access to records, data, information and statistics of such other boards, commissions, agencies, of­ficials and institutions, except such records or information that may be required by law to be confidential or secret, and any and all such state agencies are required to furnish or make available to the commission, as requested, such records, data, information and statistics neces­sary or proper for the operation of the com­mission.

Blstory.-comp. §7, ch. 29788, 1955.

288.08 Publications; sale at cost.-The com­mission shall have authority to sell at approxi­mate cost to the state such publications of the commission as, in the judgment of the com­mission, should not be furnished gratis to those who wish to use publications of the com­mission in the conduct of their business; and any amounts of money received by the com­mission from said source shall be added to amounts duly appropriated for the use of the commission in the prosecution of its purposes, powers and duties hereunder.

Blstory.-comp. §8, ch. 29788, 1955.

288.09 Acceptance of gifts or grants.-The commission is authorized to accept any grant, payment or gift of funds or property made by the United States or any department or agency thereof, or by any individual, firm or corpora­tion, municipality or county or organization for any or all of the purposes specified in this chap­ter, and the commission may expend said funds in accordance with the terms and conditions of any such grant, payment or gift.

Hlstory.-comp. §9, ch. 29788, 1955.

288.10 Organization of advisory committees. -The commission is authorized to encourage the organization of advisory boards or committees among interested groups of citizens, including those representing industry, commerce, busi­ness, labor, agriculture, forestry, planning, transportation, the professions, the press, avia-

1207

Ch. 288 FLORIDA DEVELOPMENT COMMISSION

tion, civic affairs and other groups as the com­mission may deem advisable. Such boards or committees shall advise with the commission as to its work and the commission shall, as far as practicable, cooperate with such advisory boards or committees to secure the active aid thereof in the accomplishment of the aims and fulfillment of the duties of the commission.

.History.-Comp. § 10, ch. 29788, 1955.

288.11 Abolition of Florida state advertis­i ng c~mJ?Iission and Florida state improvement commisswn.-

(1) Florida state advertising commission is hereby abolished and chapter 286, is hereby repealed. Any and all assets of Florida state advertising commission (including unexpended funds or appropriations) are transferred to and vested in Florida development commission and said commission is authorized and empo~ered to complete any contracts and to otherwise close out the affairs of the advertising com­mission;

(2) Florida state improvement commission, created by §420.02, is hereby abolished, and all of the powers and duties granted to and vested in Florida state improvement commission by §§288.12-288.31, and by any other statutes or laws of this state, are granted to, vested in and shall be exercised by Florida development commission and all of said §§288.12-288.31, and such other statutes and laws shall remain in full force and effect subject to the powers and duties therein prescribed being performed by Florida development commission. Any legal commitments, contracts or other obligations heretofore entered into or assumed by Florida state improvement commission outstanding on the effective date of this chapter are hereby charged to and shall be performed by Florida development commission. Any and all assets of F,Iorida state improvement commission (in­cludmg unexpended funds or appropriations) are transferred to and vested in Florida de­velopment commission.

(3) Notwithstanding the provisions of sub­section (2) of this section in the event that, at the time this chapter takes effect, any bonds therefor authorized by Florida state improve­ment commission and validated in the manner provided in chapter 75, have not been thereto­fore issued and sold then said Florida state improvement commission shall be continued as a public body corporate and politic solely for the purpose of the issuance, sale and de­livery of such bonds, and shall have power to issue, sell and deliver in the name of Florida state improvement commission said bonds in the manner provided in former chapter 420 or other statutes relating to said Florida state improvement commission; provided, however, that such bonds shall in any event be so issued, sold and delivered not later than July 1, 1956. After the issuance, sale and delivery of any such bonds, the Florida development commis­sion shall succeed to all the duties, obligations and rights of the Florida state improvement commission with respect to said bonds.

After all such bonds have been so issued sold and delivered by said Florida state im: pro_vement. comir~:ission, or ?n. July 1, 1956, whi~hever IS earlier, the provisiOns of this sub­secti?n shall . become inoperative, and said Flonda state Improvement commission shall be abolished for all purposes.

mstory.-Comp. §11, ch. 29788, 1955 .

2.88.12 Powers; employees; organization; offiCes.-The commission shall have the pow­er to make contracts, to adopt, alter and use a common seal; to lease buy acquire hold and dispose of real and 'perso'nal prop: erty necessarY: to carry out the objects and purposes of this chapter; to select, appoint and employ, such agents, consultants, attorneys and employees. as the business of the commission may require,. and ~ay define their authority a~d du~Ies, fix their compensation, and in the discretiOn of the commission, may require bonds of !in~ and all employees and agents. The commissiOn shall determine and prescribe !he manner in. which its obligations shall be mcurred a_nd_ 1ts expenses allowed and paid. The commission .shall select its own secretary and. shall prescnbe rules and regulations gov­ernmg the manner in which its business may be ~onducted and in which the powers granted t~ .It by law may be enjoyed, including pro­VISions for such committees amongst its mem­bers as it shall deem necessary to facilitate the carrying on of the business of the commission. The commission, by and with the consent of any board, commission or department of the stat_e, .including any field service thereof, may avail Itself of the use of information in its or their possession in carrying out the provisions of this chapter. The principal office of the commission shall be at Tallahassee, but the commission may establish agencies or branch offices at such other places and under such rules and regulations as the commission may prescribe.

Blstory.-§2, ch. 15861, 1933; CGL 1936 Bupp. 4151 (111); §2, ch. 20509, 1941; formerly §t20.03, transferred by §11 ch 29788, 1955 ; § 1, ch. 59-407. ' •

Note.-Simllar provisions contained in former §286.16, 1953. cf.-§288.11 Vesting powers and duties of Florida state Improve-

ment commission In Florida development commission.

1§288.15, 288 .16 other powers. §288.23-288 .25 additional powers. 339.03 Transfer of funds.

§288.02 (6) Office locations.

288 .. 13 Coop~ra~i?n with other units, boards, agencies and mdividuals.-Express authority and power is hereby given any county munici­pality, drainage district, road or bridg~ district, school district or any other political subdivi­sion, board or commission in the state to make and enter into with the commission, contracts and leases, within the provisions and purposes of this chapter. The commission is hereby ex­pressly authorized to make agreements with and enter into any and all contracts with any po­litical subdivisions of the state.

Blstory.-§3, ch. 15861, 1933; CGL 1936 Bupp. 4151 (112); §2, ch. 22821, 1945; formerly §420.04, transferred by §11, ch. 29788, 1955.

1208

FLORIDA DEVELOPMENT COMMISSION Ch. 288

288.14 Trustees of internal improvement fund may cooperate.-The trustees of the in­ternal improvement fund may convey and grant to the commission, and enter into agreements permitting the use and occupation by the com­mission, with or without compensation, of land under their control and not in use for state purposes, including swamps, overflowed lands, bottoms of streams, lakes, rivers, bays and other waters of the state, and the riparian rights thereto appertaining, as, in the judg­ment of said board may be reasonably neces­sary in carrying out the provisions of this chapter.

Hlstory.-§4, ch. 15861, 1933; CGL 1936 Supp. 4151 (113). Formerly §420.05, transferred by §11, ch. 29788, 1955.

288.15 Further powers of commission.­There is hereby granted to and vested in the commission the power, right, franchise and au­thority:

(1) To take, exclusively occupy, use and pos­sess rights-of-way for any projects, enterprises or undertakings of the commission, over and llcross state-owned lands not otherwise in use for state purposes.

~2) (a) The commission is hereby author­ized and empowered to exercise the power of eminent domain and may condemn for the use of said commission any and all lands, easement, right-of-way, riparian rights, property and property rights of every description required in carrying out the objects and purposes of this chapter.

(b) The proceedings for condemnation here­under may be instituted and conducted in the name of the commission, and the procedure shall be the same as is prescribed by chapter 73.

(3) To own and to acquire by donation, pur­chase, or otherwise, real and personal property, tangible and intangible, and to lease, sell, alien­ate and dispose of the same or any part. or parts thereof in carrying out the objects and purposes of this chapter.

(4) To sue and be sued, contract and be contracted with, and to adopt and provide for the use of a seal.

(5) To subscribe for, purchase, acquire, own, seii or otherwise dispose of bonds and ob­ligations of municipalities and political subdi­visions of the state, needful or incident to car­rying out the objects and purposes of this chap­ter, and exercise all the rights, powers and privileges incident to ownership thereof.

(6) In order to carry out the objectives and purposes of this chapter the commission is authorized to acquire, own, construct, op­erate, maintain, improve and extend public buildings, facilities or works within the state which are of the character hereinafter specific­ally mentioned. All public buildings, facilities and works which the commission is authorized to own, construct, operate and maintain must be such as can ultimately be owned and oper­ated by an agency, department, board, bureau or commission of the state. All or any such buildings, facilities or works may be of a reve-

nue producing character in order that the cost of the same or some part thereof, improve­ments or extensions thereto may be paid from receipts therefrom including in Tallahassee only rentals, leases and sales to both public and non-public agencies through the issue and sales or disposition of revenue bonds, notes or cer­tificates of said commission. The building, fa­cilities and works which said commission is hereby authorized to acquire, construct, oper­ate, maintain, improve and extend are:

(a) Such water control and conservation and facilities or works in connection therewith as are authorized by and are in conformity with the provisions of the Florida department of water resources act. (The proposed Florida department of water resources act died on the calendar and did not become a law.)

(b) Toll bridges or tunnels, and toll roads wherever the same are connected with or form a part of the state system of public roads. The location and construction of same shall first be approved by the state road department.

(c) To accept as a gift or grant or to pur­chase or lease from the federal government any personal property or any real property, fixtures or appurtenances thereto, located in the state, payment for which can be made from the reve­nues derived therefrom, which will be used in the development of the agriculture, forest and reforestation of the state or such property as will provide recreation for the public and citi. zens of the state.

(d) It is expressly declared that said com· mission shall not be authorized, 1. except as is provided in §288.13, to acquire, own or con­struct any buildings, facilities or works which are to be maintained and operated solely for municipal or local purpose; and 2. to so ac­cept purchase or lease from the federal gov­ern~ent any property or business ordinarily owned and operated by private business; pro­vided, however, this provision shall not pr?hibit or limit such purchase, acceptance of gift or lease of surplus property to be used for non­competitive government purposes.

(e) Public buildings, facilities and addi­tions or improvements to existing buildings and facilities for ultimate use in connection with any of the several state institutions, depart­ments, bureaus, boards or commissions, and in furtherance of this paragraph, the board of commissioners of state institutions and the state board of education are authorized to co­operate with the commission and to do and per­form all acts and things necessary thereto. Any property acquired by the commission under the provisions of this chapter may ultimately be conveyed to the state free and clear of all debt or other encumbrance.

(f) Said commission is hereby authorized to collect reasonable rentals, tolls or charges for the use of public buildings, facilities or works constructed, acquired or owned by it and for the products and services of the same exclu­sively for the purpose of paying the expenses of improving, repairing, maintaining and oper-

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Ch. 288 FLORIDA DEVELOPMENT COMMISSION

ating its facilities and properties and paying state, and the several counties of the state, the principal and interest on its obligations. boards of county commissioners, county boards Said commission is authorized by reasonable of public instruction, and other county agencies regulations to prescribe for the use of buildings, and officers, and municipalities of the state, facilities, works or projects owned and operated and officers thereof, authorized by law to make by it, the amount of rentals, tolls or charges purchases of material, supplies and equipment and may make and enter into contracts with or other property, real or personal, for state, any municipality, district, county or other po- county or municipal uses or purposes; to act litical subdivision, board, commission, agency as agent, if so designated by the state, or any or department of the state for the use of said such boards, commissions, departments, state projects or sale of the products or services agencies and officers of the state, or any of the thereof; provided, that the receipts from any several counties of the state, boards of county project shall not be expended on any other proj- commissioners, county boards of public instruc­ect except as provided in subsection (12) hereof. tion, and other county agencies and officers or

(g) Provided, however, that the provisions municipalities of the state, and officers th~re­of this chapter shall not be construed to au- of, to enter a bid or bids in its or their behalf thorize the construction, acquisition, owner- for any surplus property, real or personal, of­ship or operation by the commission of any fered for lease, sale or other disposal by the project other than the class of projects referred United States, or any owning or disposal agency to in this subsection (6). thereof, and as such agent to make any down

(7) To secure, assemble, study, map, plat payment or payment in full required in con­and chart any and all data which may pertain nection with such bidding. to the governance, rehabilitation, welfare, . (10) (a) The commission is hereby author­health, transportation, commerce, marketing, 1zed and empowered to borrow money and incur finance, business, population, land use, sanita- obligations, as shall be deemed proper, to ef­tion, waterways, mineral resources, parks, wild fectuate all or any of the purposes of this law life, public buildings and property; and the and to pay any expense incident thereto. To en­laws relating to social, economic or conserva- able the commission to borrow money for the tiona! matters of the state, its political subdi- purposes specified herein, it is hereby author­visions and its people for the purpose of ad- 1zed and empowered to issue its negotiable vising and assisting, proposing and recommend- bonds, notes or certificates in its own name; ing to state administrative officers, the state the form, denominations, rate of interest, legislature and the people of the state, plans amount, place of payment, manner, place and for the future development, welfare and govern- price of sale, date of retirement and terms of ~nee of the state, in order that the state's plan redemption prior to maturity of said bonds of development may be co-ordinated, its eco- notes or certificates shall be fixed by said com: nomic resources be conserved and the welfare mission. In no case shall any such bonds notes of its people be promoted. or certificates mature later than thirty' years

(8) To advise and cooperate with municipal, from date of issue, or bear interest at a rate county, regional and other local agencies and greater than six per cent per annum, or be sold officials within the state to plan for and other- at such price that the net interest cost to the wise co-ordinate in the development of a system commission shall exceed six per cent to the of air routes, airports and landing fields within respective maturities thereof. Provided, how­the state and to protect their approaches; to co- ever, that the commission shall not borrow operate with other state departments, and with money for the purposes specified herein and boards, commissions and other state agencies issue and sell its bonds, notes or certificates and with appropriate federal agencies, and with except after public competitive bidding and sale interested private individuals and groups in thereof to the highest bidder; and after ap­the co-ordination of plans and policies for the proval by the state board of administration as development of air commerce and air facilities; to legal and fiscal sufficiency. to act as the official agency of the state in all (b) The bonds, notes or certificates author­matters affecting aviation under any federal ized under this chapter shall be issued by reso­laws now or hereafter to be enacted. lution approved by at least six of the members

(9) To secure, gather and assemble from of the commission; they shall be executed and the United States, or any owning or disposal signed by its chairman or vice-chairman and agency thereof, information relating to the attested by its secretary or assistant-secretary, offering for lease, sale or other disposal, of or such other officer as may be designated by any equipment, supplies, materials or other resolution of the commission, under the seal property, real or personal, offered for lease, of said commission and such execution and sale or other disposal under the provisions of attestation may be with an engraved, imprinted the act of congress known as the surplus prop- lithographed, or otherwise reproduced facsimil~ erty act of 1944, or any amendments thereto, signature of such chairman or vice-chairman or any other law providing for the disposal of and secretary, or assistant-secretary, or such such property as is the subject matter of said other officer as may be designated by resolu­act; and to distribute and disseminate such in- tion of the commission; provided, however that formation to the several boards, commissions, at least one signature required to be p'laced departments, state agencies and officers of the thereon shall be manually subscribed. The

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FLORIDA DEVELOPMENT COMMISSION Ch. 288

bonds, notes or certificates shall recite that they are issued under authority of this chapter which shall be referred to by number of chapter and date of approval. The said bonds, notes or certificates of each separate issue shall be consecutively numbered and shall be recorded by the secretary of the commission in a book to be kept for that purpose.

(11) This chapter shall, without reference to any other act of the legislature, be full au­thority for the issuance and disposition of the bonds, notes or certificates herein authorized, and all of same 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, and shall be incontestable in the hands of bona fide purchasers or holders thereof for value; payment of said bonds, notes and cer­tificates may be secured by a pledge or deed of trust of revenue from the project for the account of which same are issued. The pro­visions of this law shall constitute an irrepeal­able contract between the commission and the holders of any bonds, notes or certificates is­sued pursuant to the provisions hereof. Under no circumstances shall any bonds, notes or cer­tificates issued under this chapter or any other indebtedness created by the commission be con­strued as an obligation of the state, nor shall the state under any theory be bound therefor. They shall be solely and only the obligations of the commission in its corporate and representa­tive capacity and shall be secured only by such revenues as shall be pledged as security for the payment thereof.

(12) It is the intention of this statute that maturities shall be adjusted to the anticipated revenue so that the same may be promptly paid when they mature. In the event said commission should be unable to pay any obligation at its maturity it is hereby authorized to issue re­funding bonds, notes or certificates with ex­tended maturities which will enable it to pay them from future revenues or such refunding bonds, notes or certificates may be issued to refinance outstanding bonds, notes or certifi­cates which are to be surrendered pursuant to redemption provisions or with consent of the holder or holders thereof. The rentals, tolls or charges for any project acquired and financed hereunder through the issuance of bonds, notes or certificates which are payable from the reve­nues of such project shall be fixed charges and collected so that such revenues will be suf­ficient to pay cost not otherwise provided for operating and maintaining said project and paying the interest on and principal of such bonds, notes or certificates as the same become due, and if in any year the net revenue from any project be in excess of the amount pro­vided to be set apart in such year to pay such principal and interest, such excess shall serve as a basis for the future reduction in such rentals, tolls or charges and may be used for the purchase or retirement of the bonds, notes or certificates issued for account of said proj-

ect, the cost of improvements and extensions to such project or if and to the extent specified in the proceedings for the issuance of said bonds, notes or certificates such balance, if any, may be applied unpledged to pay the currently due amounts or maturities and interest of any other project for the same institution, board or agency. Provided, however, that if there be no additional project for the same institution, board or agency such surplus shall be applied towards calling any or all outstanding bonds, notes or certificates if they be callable, or if not callable, shall be applied towards the purchase of said bonds at the best price obtainable. The net income of said commission from each proj­ect shall be held separate and shall not be used for the payment of principal or interest of bonds, notes or certificates issued against any other project except as provided in this section.

(13) It is expressly provided (a) that noth­ing in this chapter shall be construed as vesting in said commission the power, right or privi­lege to engage in private enterprise or business for profit; and (b) that nothing in this chapter shall authorize the purchase, condemnation or other acquisition by the commission of the properties or securities of privately owned util­ities or any part of same.

(14) The commission is hereby authorized and directed to proceed with the acquisition of land and buildings thereon now needed or to be needed for use in whole or in part by any agency, board, bureau or commission of the state, such acquisition to be within the area defined by the board of commissioners of state institutions for the long range deve!opment of the proposed capitol center; and (a) to con­struct, acquire, own and operate buildings and facilities thereon, such buildings and facilities to be financed by the revenue they yield, through the issuance of revenue certificates; (b) to have specific authority in financing the acquisition, construction and operation of such buildings and facilities, to utilize rentals to both public and nonpublic agencies as well as any regularly appropriated state or other public funds; provided, however, that no revenue from lands, buildings or facilities now owned by the state may be pledged to finance the ac­quisition of land, buildings or facilities pur­suant to the provisions of this law, except reve­nue from land, buildings or facilities purchased or acquired pursuant to the provisions of this law.

(15) Subsections (6) and (14) shall be liberally construed to effectuate the objectives and purposes thereof and the public policy of the state as hereby declared.

ms&orT.-1§5, 8, ch. 15881, 11133; CGL 1938 Supp. 4151 (114), (115); §§3, 4, ch. 20509, 19+1; §3, ch. 22821, 1945. Sub. f (8) am. §1, ch. 26851, sub. II (14), (15) comp. ft2, 3, ch. 28851, 1951; formerly §420.06, transferred by §11, ch. 29788, 1955.

Am. (10) (b) by §2, ch. 57-57. cf.-§ §288.12-288.25 Powers, etc. of commission.

§288.21, Not ~ lmpalr powers of other state agencies.

288.151 Issuance of bonds, notes, etc., of commission.-The commission shall further have power and be authorized, notwithstanding

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Ch. 288 FLORIDA DEVELOPMENT COMMISSION

the provisions of any other law or laws to the contrary, to issue its bonds, notes or certifi­cates as provided in this chapter for the com­bined purpose of refunding any outstanding bonds, notes or certificates theretofore issued for any project or projects, and the acquisition or construction of any new project or projects, or the improvement of any existing project or projects, or any combination of two or more projects, whether new projects or existing projects; provided, however, that the outstand­ing bonds, notes or certificates shall mature or be callable prior to maturity not later than five years after the date of issuance of the new bonds, notes or certificates issued to re­fund such outstanding bonds, notes or certifi­eates. Pending the payment of the principal ()f and interest on any such outstanding bonds, notes or certificates which mature after the date of issuance of such new bonds, notes or certificates, a sufficient amount of the pro­ceeds of such new bonds, notes or certificates shall be held irrevocably in trust and used only for the payment of the principal and interest of, and redemption premiums, if any, on said outstanding. bonds, notes or certificates at or prior to the maturity or first call date thereof. Such trust fund may be invested and reinvested during such period only in direct obligations of the United States maturing not later than the dates upon which the moneys in said fund will be needed for such purposes.

No approval or consent of any other state board, body, agency or official shall be re­quired for the issuance of such bonds, notes or certificates for such combined purposes as provided in this section, except the approvals and consents which are required for the is­suance of bonds, notes or certificates for other projects or purposes under the provisions of this chapter.

Blotorr.-comp. §1, ch. 57-209.

288.152 Pledge of excess rentals and reve­nues.-The commission shall further have power and be authorized, notwithstanding any 'Provisions of this chapter or of any other law or laws to the contrary, to pledge any excess rentals or revenues derived or to be derived from any project or projects for the payment of the principal of and interest, and reserves therefor, on any bonds, notes or certificates issued to finance any other project or projects or combination of two or more projects; sub­ject, however, to the rights of the holders of any other obligations for which such rentals or revenues are pledged. The words "project" ()r "projects," as used in this section, shall mean either new projects to be constructed, existing projects being refinanced, either sep­arately or in connection with new projects be­ing constructed, or existing projects not being refinanced.

Wstorr.-comp. §1, ch . 57-209.

288.153 Bonds or revenue certificates; legal investments and security.-Subject to the re-

strictions and limitations of chapters 656-668 inclusive, and notwithstanding any other re­strictions on investments contained in any law of this state, the state and all public officers, municipal corporations, political subdivisions and public bodies, all banks, bankers, trust companies, savings banks, building and loan associations, savings and loan associations, in­vestment companies, insurance companies, in­surance associations, and all persons carrying on an insurance business, and all executors, ad­ministrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in bonds or revenue cer­tificates of the Florida state improvement com­mission or the Florida development commission issued under the authority of former chapter 420, prior to its repeal, or under the authority of chapter 288, provided that such bonds or certificates have been approved by the state board of administration as to their legal and fiscal sufficiency and have been validated by a court of competent jurisdiction, and such bonds or certificates shall be authorized security for all public deposits, including, but not restricted to, deposits as authorized in §18.10, chapter 136, and chapter 237, it being the purpose of this section to authorize any person, firm or corpo­ration, association, political subdivision, body and officer, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds and funds held on deposit, for the pur­chase' of any such bonds or certificates, up to the amount as authorized by law to be invested in any type of security, including United States government bonds.

Blstorr .-§ 1, ch. 69-388.

288.16 Commission; bonds, notes, etc.; cer­tain private sales authorized.-

(!) The commission is hereby authorized to sell bonds, notes or certificates issued by said commission at private sale to reconstruction finance corporation or to any other similar United States governmental agency; provided that the sale of said bonds, notes or certificates shall be made at not less than par and that the interest rate thereon be not greater than five per cent per annum. In the event an offer of an issue of Florida development commission bonds, notes or certificates at public sale pro­duces no bid, or in the event all bids received contain excessive interest rates or other terms which, in the judgment of the commission, jeopardize the successful financing of the project and are therefore rejected, the commis­sion is authorized to negotiate for the sale of such bonds, notes or certificates under such rates and terms as are acceptable, or to transfer or dispose of them in payment of any indebted­ness, work, material, service or other expense incurred in acquiring, constructing and supply­ing the project, facility or facilities for which

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FLORIDA DEVELOPMENT COMMISSION Ch. 288

the bonds, notes or certificates were author­ized; provided, however, that no such bonds, notes or certificates shall be so sold or deliv­ered on terms less favorable to the commission than the terms contained in any bids rejected at the public sale thereof, or the terms con­tained in the notice of public sale if no bids were received at such public sale.

(2) The provisions of this section shall be cumulative, and shall not repeal any other law relating to the subject matter hereof.

mstor:r.-§§1, 2, eh. 25264, 1949; sub. 1 (1) am. §1, ch. 26834, 1951; formerly 1420.061, tranaferred b:r 111, ch. 29788, 1955.

Am. (1) by §1, ch. 57-58.

288.17 Purchase or construction of state buildings; pledge of funds appropriated.-Any state agency is authorized to pledge any funds which may be appropriated by the legislature for the use by such agency for expenses for the payment of service charges necessary to pay the interest and retire the principal se­rially on revenue certificates issued by the Florida development commission upon approv­al of the state board of administration, the proceeds of which are used for the purchase or construction of buildings, individually or joint­ly with other state agencies, for the use as office space. The authority to pledge funds herein provided for is expressly limited to any funds as, if and when appropriated, in that the legislature is under no obligation to make any future appropriation.

mator;r.-Comp. 11, ch. 29831, 1955.

288.18 Planning, promoting and supervising state building projects.-The board of commis­sioners of state institutions shall be respon­sible for promoting any state building project financed as provided by law in any community where a state building is needed.

Whenever the Florida development commis­sion and the board of administration shall find a building project financially feasible, all state agencies, commissions, bureaus or branch of­fices of any department occupying rented of­fice space in the area shall occupy space in the state building to the extent that space is available.

Any state agency required to occupy space by the board of commissioners of state insti­tutions may contract for such space and pledge such rentals as are provided and appropriated by the legislature for the purpose of financing the retirement of revenue certificates for the lifetime of any issue.

The board of commissioners of state institu­tions may make the Florida development com­mission its agent in the planning and the su­pervision of the buildings, including the col­lection of rentals and the maintenance of buildings and sale of certificates.

Blstor;r.-Comp. §2, ch. 29831, 1955.

288.19 Records, accounts, and reports.­Full, detailed and accurate records and ac­counts shall be kept of all proposals, acts, proceedings, orders, determinations, receipts, disbursements and expenditures made or con-

templated by, or under the authority of, the commission hereby provided for, all of which shall be kept open for public inspection and review at all reasonable times, and said com­mission shall, from time to time, publish the details of its activities in such form, as shall be deemed best calculated to serve the purpose of giving full publicity to all transactions had by, or proposed to said commission for its approval. Provided, however, said commission shall pub­lish such report of its activities at least three times annually.

The commission shall make to the governor an annual report, setting forth in appropriate detail the business transacted during the year, and the condition of the commission at the close of the year. Such annual reports shall be accompanied by duly certified audits of the accounts of the commission. The commission shall furnish to the governor such additional reports and information as he shall from time to time require.

Wstor:r.-§17, 12-A, ch. 15861, 1933; CGL 1938 Supp. U51 (118), U51(122); 18, ch. 20509, 11141; former!)' 1420.07, tranaferred by §11, ch. 29788, 1955.

288.20 Revenue to be deposited in state treasury.-

(!) All moneys received by the commission from whatever source shall be deposited in the state treasury to the credit of the proper funds. All disbursements shall be by warrants to be issued by the state comptroller only after re­ceipt of a voucher signed by the executive di­rector or other officer designated by the com­mission. Said vouchers shall include such in­formation as may be required by the comptrol­ler. When the warrants are chargeable to a trust fund, such vouchers shall also be ac­companied by such additional documents as may be provided for in the trust provisions under which such moneys are received.

(2) The moneys on deposit with the state treasurer as ex-officio treasurer of the commis­sion, on July 1, 1959, shall be deposited in the state treasury as provided in subsection (1) above; provided, however, that all moneys which are identifiable with the revenue bone;!. department of the commission shall be deposit­ed in the agencies' fund into an account to be known as the "Florida development commission revenue bond revolving fee account," which ac­count is hereby created.

Blstory.-§8, ch. 15861, 1933; CGL 1936 Bupp. 4151 (117); §5, ch. 20509, 1941; §4, ch. 22821, 1945; formerly §420.08, trans­ferred by §11, ch. 29788, 1955; §1, ch. 59-223.

288.201 Custodian of investments.-The state treasurer shall be the custodian of all securities owned by the commission and it shall be the duty of the state treasurer to collect the interest, or other income on, and the principal of such securities in his custody as the said sums become due and payable, and to deposit the same, when so collected, into the fund to which the investments belong.

Blstory.-§2, ch. 59-228.

288.202 Revenue bond revolving fee ac­count.-The Florida development commission

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Ch •. 288 FLORIDA . DEVELOPMENT COMMISSION

revolving bond fee account created in §288.20 (2) shall be maintained as a separate account. The cash balance of this account plus the amounts paid out but not reimbursed shall never exceed the sum of one hundred twenty­five thousand dollars. Upon the termination of the revenue bond program of the commis­sion, the balance in such account shall be de­posited in the general revenue fund unallocated. All direct out-of-pocket expenses of the com­mission incident to the issuance and sale of any bonds, notes or certificates issued under the provisions of chapter 288 shall be paid from this revolving fund. Such expenses shall in­clude but not be limited to, costs of validating, printing and delivery of the bonds, printing of the prospectus and publication of notice of sale of the bonds. All expenses paid for and on be­half of any bond issue shall be reimbursed to the revenue bond revolving fee account from the proceeds of the sale of the bonds.

mstor;r.-§2, ch. 59-228.

288.203 Revenue bond department, ex­penses.-The general administrative expenses of the revenue bond department of the commis­sion shall be paid from the revenue bond revolv­ing fee account, pursuant to budgets filed with and approved by the state budget commission. Only salaries of personnel of the revenue bond department of the commission and necessary ad­ministrative expenses incident thereto shall be paid from, this account in addition to the ex­penses authorized in §288.202.

Blstor;r.-§2, ch. 119-228.

288.204 Fee schedule.-The commission shall adopt a schedule of fees, to be approved by the state board of administration before becoming effective, which may be revised from time to time as conditions warrant and with the ap­proval of the state board of administration, de­signed so that the revenue bond revolving fee account established in §288.202, will be reim­bursed for the amount expended for general administrative expenses of the revenue bond department. The fees charged to each bond issue shall be paid from the proceeds of the sale of the bonds and shall be deposited in the revenue bond revolving fee account.

mstor;r.-§2, ch. 59-228.

288.21 Existing rights and powers not im­paired.-This chapter shall not be construed as in conflict with any right or power vested in any municipality or political subdivision of the state, but it is intended to create a state agency with authority to own, operate, manage and maintain only the classes of projects specified in this chapter.

IDstor;r.-§9, ch. 15861, 1933; CGL 1936, Supp. t151 (118); f5, ch. 22821, 1945; formeri:v 1420.09, transferred by 111, ch. 29788, 1955.

288.22 Members not liable for obligations of commission.-The members of the commis­sion each and several, shall not be liable per-

sonally for any debt or obligation created by the commission.

History.-§ 10, ch. 15861, 1933; CQL 11138, Supp. 4151 (119). Pormerl:v §420.10, transferred b:v fll, ch. 29788, 1955.

288.23 Commission authorized to acquire roads and bridges.-

(1) The commission is authorized and em­powered, upon the application of any county or counties evidenced by resolution of the board or boards of county commissioners thereof, to acquire by purchase, gift or eminent domain and/or to construct within such county or coun­ties so making application therefor, any road or bridge, including the acquisition of necessary rights-of-way therefor, connecting state high­ways within such county or counties, provided, however, in the event the said commission shall determine, agree or contract to build or con­struct any road or bridge under the provisions hereof then it shall so advise the state road de­partment of such determination, agreement or contract and shall give the state road depart­ment complete copies of all documents, agree­ments, resolutions, contracts, and instruments relating to such matter and shall request the state road department to do such construction work including the acquisition of necessary rights-of-way, planning, surveying and actual construction of such project and shall also transfer to the credit of state road department in the treasury of the state the funds herein­after provided for such projects and the state road department shall thereupon be authorized, empowered and directed to proceed with such construction, including the acquisition of neces­sary rights-of-way, and to use the said funds for such work, and no other work, in the same manner that it is now authorized to use the funds otherwise provided by law for its use in construction of roads and bridges.

(2) The authority herein and hereby con­ferred to acquire rights-of-way shall be con­strued to extend to and include the acquisition of new rights-of-way separately to be used in the future for the construction of new roads and new bridges and for the acquisition of rights-of-way to be used in the future for widening or four-laning or extending, or other­wise, improving existing state roads, and bridges. Provided, however, that no rights-of­way shall be acquired hereunder except for use in the construction of roads and bridges that have been prior to such acquisition legally designated as state roads and bridges, and provided further, that if any provision or any part of any provision of this amended section shall be held invalid, such invalidity shall not affect the validity of the remaining provisions of this amended section. The acquisition of rights-of-way as provided above separately and in advance of the construction of improvements on such rights-of-way, shall be and constitute a separate project or purpose under the provi­sions of this chapter or under the provisions of any other law or laws, and the commission shall

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FLORIDA DEVELOPMENT COMMISSION Ch. 288

be fully authorized to issue its bonds, notes or certificates in the manner provided in this chapter to finance the cost of the acquisition of such rights-of-way separately and in advance of the construction of improvements on such rights-of-way.

mator:v.-§1, cb. 23768, 19t'7; formerly §420.12, transferred by §11, ch. 29788, 1955; §1, ch. 57-86. cf.-§339.03 Transfer of certain state road funds ; Investment ;

distribution of proceeds.

288.24 Commission authorized to acquire ferries and toll ferries.-

(1) The commission be and it is hereby au­thorized:

(a) To acquire, own, maintain, and operate ferries and toll ferries wherever the same are connected with or form a part of or are auxil­iary to the state system of public roads.

(b) To fix and collect reasonable rentals, tolls or charges for the use of any ferries op­erated by or under agreement with the said commission.

(c) To enter into a contract or contracts with the state road department for the acquisi­tion, maintenance or operation of any such ferry or ferries.

(2) That the acquisition, ownership, main­tenance and operation of said ferries and toll ferries be exercised in accordance with existing laws governing the powers of said commission in connection with other buildings, facilities, additions, and improvements.

matorr.-1§1-4, ch. 26009, 1849; formerly 1420.121, transferred b:v fll, ch. 211'788, 1966.

288.25 Commission authorized to acquire airports, facilities, etc.-

(1) There is hereby granted to and vested in commission, in addition to the powers now vested in the same, the right and power to ac­quire airports and air navigation facilities by donation, purchase, or otherwise, and to main­tain, manage and operate such airports and air navigation facilities either by itself or through its duly authorized agents.

(2) That said commission is authorized to adopt reasonable regulations and to prescribe for the use, amount of rental, tolls or charges and to make and enter into contracts with any municipality, district, county, or other politi­cal subdivision, board, commission, agency or department of the state or of the federal gov­ernment for the maintenance, management, con­trol and operation of any such airports.

(3) The definition of words in this section shall be the same as their definitions in other existing laws.

( 4) The commission is authorized on be­half of and in the name of the state, out of appropriations and other moneys made avail­able for such purposes, to plan, establish, con­struct, enlarge, improve, maintain, equip, oper­ate, regulate, protect and police airports and air navigation facilities, either within or with­out the state, including the construction, in­stallation, equipment, maintenance and opera­tion at such airports of buildings and other

facilities for the servicing of aircraft or for the comfort and accommodation of air travel­ers. For such purposes the commission may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest therein including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. In like manner the commis­sion may acquire existing airports and air navigation facilities, provided however it shall not acquire or take over any airport or air navigation facility owned or controlled by a municipality of this or any other state without the consent of such municipality. The com­mission may by sale, lease, or otherwise, dis­pose of any such property, airport, air navi­gation facility, or portion thereof or interest therein. Such disposal by sale, lease, or other­wise, shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state gov­ernment or the United States for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the commission may deem in the best interest of the state.

(5) Nothing contained in this section shall be construed to limit any right, power or au­thority of the state or a municipality to regu­late airport hazards by zoning.

(6) The commission may exercise any pow­ers granted by this section jointly with any municipalities or agencies of the state govern­ment, with other states or their municipalities, or with the United States.

(7) In the condemnation of property author­ized by this section, the commission shall pro­ceed ·in the name of the state in the manner provided by law. For the purpose of making surveys and examinations relative to any con­demnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage.

(8) (a) In operating an airport or air navi­gation facility owned or controlled by the state, the commission may enter into contracts, leases and other arrangements with any per­sons, granting the privilege of using or im­proving such airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes ; conferring the privilege of supplying goods, commodities, things, services or facilities at such airport or air navigation facility; or making available ser­vices to be furnished by the commission or its agents at such airport or air navigation facility.

In each such case the commission may es­tablish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uni­form for the same class of privilege or service and shall be established with due regard to

i215

Ch. 288 FLORIDA DEVELOPMENT COMMISSION

the property and improvements used and the expenses of operation to the. state; p~ovided that in no case shall the pubhc be depnved of its rightful, equal and uniform use ~f the air­port, air navigation facility, or portwn of fa­cility thereof.

(b) The commission may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided that no such person sh~ll be granted any authority to operate the air­port other than as a public airport or to enter into any contracts, leases, or other arrange­ments in connection with the operation of the airport which the commission might not have undertaken under paragraph (a) of this sub­section.

(c) To enforce the payment of any charges for repairs to, or improvements, or storage, or care of any personal property made ~r fur­nished by the commission or its a~ents m COI_l­nection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on such prop­erty, which shall be enforceable by the com­mission as provided by law.

and, unless otherwise prescribed by the author­ity from which such moneys were received, shall be kept in separate funds designated ac­cording to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purpose of which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made avail­able.

mstor;r.-§§1-9, eh. 25262, 1949; formerl:r §420.122, transferred b;r §11, eh. 29788, 1955.

288.26 Financing by commission.-The ac­quisition or construction of such road or bridge may be financed by the commission through the issuance and sale of revenue certificates, bonds or debentures, such issuance and sale to be in accordance with the provisions and require­ments of §288.15; provided, however, that as to any noncallable, unmatured bonds or certifi­cates outstanding which the holder or holders thereof are willing to surrender in exchange for new bonds of the same unit or authority bearing the same or a lower rate of interest, which new bonds may be issued for the sole purpose of establishing a more advantageous maturity schedule by such exchange may be effected by negotiation and, when a part of an expanded funding program, only the amount of new bonds or certificates in excess of the orig­inal outstanding principal amount shall be required to be sold by advertised bids, and the commission and the state board of ad­ministration are authorized to take such ac­tion and perform such duties as may be necessary to give effect to this provision; provided, further, that any and all revenue certificates, bonds or debentures issued by the said commission under the provisions of §288.15 or under the provisions of §~288.23-288.30, shall have printed in the body and upon the face and as a part thereof the following language: "This instrument is an obligation of the commission in its corporate and representa­tive capacity and is secured only by such reve­nue as shall be pledged as security for its pay­ment and is not an obligation of the state, nor of any county of the state and will not and can­not be paid, redeemed, satisfied nor liquidated with tax funds of the said state nor of any county of the state, except that the foregoing limitations shall not apply to any tax funds or other funds paid or agreed to be paid by the state road department to the commission pur­suant to authority of law as rentals charges or purchase payments which tax funds or other funds so paid or payable have been set forth in the face of this certificate."

mstory.-§2, eh. 23758, 1947; §1, ch. 26336, 1949; formerly §420.13, transferred by §11, ch. 29788, 1955.

(9) The commission is authorized to accept, receive receipt for, disburse and expend fed­eral m~neys, and other moneys J?Ubli? or pri­vate, made available to accomplish,. m w~ole or in part any of the purposes of this section. All federa'l moneys accepted under this section shall be accepted and expended by the com­mission upon such terms and conditions as are prescribed by the United States. In accepting federal moneys under this section, the com­mission is authorized to act as agent of the st;te or any municipality or municipali~ie.s acting jointly, upon the request of such m?~ICI­pality or municipaliti~s, in ~ccepting, receivmg, receipting for and disbursm~ federal mone~s, and other moneys public or pnvate, make avail­able to finance, in whole or in part, the plan­ning, acquisition, construction, imp.r?veme1_1t, maintenance or operation of a mumcipal air­port or air n~vigation facility; and if requested by such municipality or. municipali~ies may act as its or their agent m coutractmg for and supervising such planning, acquisition, con­struction improvement, maintenance or opera­tion· and all municipalities are authorized to designate the commission as the!r ~gent for t.he foregoing purposes. The comm1sswn, as P~II!­cipal on behalf of the state, and any. mumci­pality, on its own behalf, may ~nter mto fillY contracts, with each other or ~1th the Umted States or with any person, wh1ch may be re­quired in connection with a grant or loan of federal moneys for municipal airport or air navigation facility purposes. All federal moneys accepted under this section shall be 288.27 Lease or sale by commission.-The accepted and transferred or expende~ .bY the commission is authorized and empowered to commission upon such terms and conditions as lease or sell such roads or bridges so acquired are prescribed by the Unit.ed States. All mone~s or constructed to the state road department, received by the commission pursuant to this upon such terms and conditions as will secure section shall be deposited in the state treasury, sufficient revenue for paying all cost incurred

1216

FLORIDA DEVELOPMENT COMMISSION Ch. 288

in connection with the acquisition or construc­tion of such roads or bridges and which will represent the fair market value thereof for leasehold and for purchase purposes.

Blstory.-§3, ch. 23758, 1947; formerly §420.14, transferred by § 11, ch. 29788, 1955.

288.28 Road department authorized to pur­chase.-The state road department is hereby authorized and empowered to lease or purchase from the commission such roads or bridges as may have been acquired or constructed under the provisions of §288.23 and to pay either the renta l or the purchase price from the surplus gasoline taxes which may in the future accrue to the credit of the county or counties in which t~e. road or bridge is located, under the pro­VlSlons of Sec. 16, Art. IX of the state consti­tution.

History.-§ 4, ch. 23758, 1947; am. § 1, ch. 26768, 1951; formerly §420.15, transferred by §11, ch. 29788, 1955. ;~i!.J338. 09 Purchase or lease of development commission prop-

288.29. Ratifying prior transactions.-Any transactiOn heretofore consummated, or in the process .of consumma~i?~· in whole or in part, concernmg the acqms1tlon, condemnation fi­nancing, construction, lease or sale of any ~uch road or bridge within the intentment of §§288.23-288.30, be and the same is hereby rati­fied, legalized and confirmed.

Blstory.-§5, ch. 23758, \947; formerly §420.16, transferred by § 11, ch. 29788, 1955.

288.30 Cumulative provisions. - Sections 288.23-288.29 are intended to be cumulative of other powers granted to the commission and the state road department under other provi­sions of law, and are not intended to repeal, abrogate or modify any such provisions.

Blstory.-§6, ch. 23758, 1947; formerly §420.17, transferred by § 11, ch. 29788, 1955.

288.31 Armories; financing construction au­thorized.-

(1) The commission shall have the power to borrow money and incur obligations by way of bonds, notes or revenue certificates and is­sue such obligations for the purpose of finan­cing either in whole or in part the construc­tion of armories in such counties and munici­palities as designated by the state armory board. The authority hereby conferred shall empower the sa id commission to issue such cer­tificates or bonds fo r the financing of the share or porti?~ of. the cost to be borne by a county or mumCipahty when required by the provi­sions of a grant of funds from the state or the federa l government or any other source, or to a uthorize the borrowing and issuing of obli­gations for financing such an armory in its entirety. Bonds, notes or certificates issued hereunder shall be issued in conformity to all

the provisions of former chapter 420, and the commission shall be empowered to fix the rent­als or charges to be collected for the purpose of the retirement or purchase of said obligations. The commission and the county or municipality shall be empowered to enter into such lease, or leases, as may be necessary to insure the pro­viding of sufficient funds to retire such obli­gations and when the said obligations shall have been fully paid, the armory shall be con­veyed to the state. Leases with the county or municipality under the terms of this section shall provide for the control of the building and its use to be vested in the military com­mander representing the armory board in ac­cordance with the provisions of §250.41.

(2) For the purpose of determining the amount of the contribution of any county or municipality towards the requirement of match­ing state or federal funds, real estate provided or donated by such county or municipality may be considered as a portion of the contribution required to the amount of the fair appraised value of the same as determined by the armory board, and all lands, buildings and structures shall be conveyed to and become the property of the commission when it acts under the pro­visions of this section, the same to be conveyed to the state when all obligations against same shall have been paid in full.

(3) Nothing in this section shall be con­strued as authorizing the pledging, mortgaging or otherwise hypothecating the real estate and armory building, but the obligations issued hereunder shall pledge only the income from the armory building as covered in its rental by the county or municipality or from other sources.

( 4) The purpose of this section is to provide a means for financing and supplying the funds necessary to be furnished by a county or mu­nicipality to meet and match funds made avail­able by the state or federal government on a matching basis or to provide the total amount of the construction costs of armories.

(5) Counties and municipalities are hereby authorized and empowered to levy taxes not to exceed one mill to provide the funds necessary for the lease or leases herein provided and for the retirement of bonds or certificates of in­debtedness issued by the commission under the provisions of this section.

(6) Nothing in thi s section, however, shall be construed to repeal any provision of chapter 250, as amended in 1949.

Hlstory.-§1, ch. 24200, 1947 ; §§1, 2, ch. 25125, 1949; sub. § (2) , am. §10, ch. 26484, 1951, formerly §420.18, transferred by § 11, ch. 29788, 1955. cf.-§250.40, Armory board; how armories obtained.

§ 130.02, County bond Issue for constructing. § 193.32, Annual levy, limitations.

1217

Ch. 290 FLORIDA NUCLEAR DEVELOPMENT COMMISSION

CHAPTER 290

FLORIDA NUCLEAR DEVELOPMENT COMMISSION

290.01 Commission established. 290.02 Membership; terms of office. 290.03 Commission state agency.

290.01 Commission established.- There is hereby created and established a commission to be known as the Florida nuclear develop­ment commission, hereinafter referred to as the commission.

Bistory.-comp. §1, ch. 57-178.

290.02 Membership; terms of office.-The commission shall consist of nine members who shall be appointed by the governor and shall serve for terms of four years, and the four-year terms shall run concurrently with the four­year term prescribed by the state constitution for the governor of the state and until their successors are appointed and qualified; pro­vided, that the first nine members of the com­mission shall be appointed by the governor for terms that shall expire at the time of the expi­ration of the term of the present governor and until their successors are appointed and quali­fied. The governor shall appoint as members of the commission citizens and residents of the state. At the time of the appointment of the members of the commission, the governor shall designate one of the members to be the chair­man of the commission. Upon being appointed, each member of the commission shall execute the oath of office prescribed by §2 of Art. XVI of the state constitution and file the same with the secretary of state. The members of the commission shall serve without compensation for their services but shall be entitled to be reimbursed for their actual and necessary ex­penses incurred in the performance of their official duties to the same extent as allowed other state officers.

mstory.-comp. §2, ch. 57-178.

290.03 Commission state agency.-The com­mission is hereby constituted an official agency of the state.

Wstory.-comp. §3, ch. 57-178.

290.04 Commission headquarters.- The headquarters of the commission shall be in the city of Tallahassee.

Blstory.-comp. §4, ch. 57-178.

290.05 Authority to employ executive direc­tor.-The commission is hereby granted the power to appoint an executive director who shall, subject to the direction of the commis­sion, have general charge of the work of the commission. He shall serve at the pleasure of the commission. Compensation of the director shall be fixed by the commission but shall not exceed ten thousand dollars per annum. The director shall be entitled to be reimbursed for his actual and necessary expenses incurred in the performance of his official duties to the same extent as other state employees. The commission shall have the right to remove the

290.04 Commission headquarters. 290.05 Authority to employ executive director. 290.06 Powers and duties of commission.

executive director with or without cause and the director, while in charge of the work of the commission, shall at all times be subject to the authority and direction of the commission.

Blstory.-comp. §5, ch. 57-178.

290.06 Powers and duties of commission.­The powers and duties of the commission shall be:

(1) To employ such other personnel as in its judgment may be necessary to aid in carry­ing out the work of the commission and to fix the salaries for such employees.

(2) To coordinate all local and state activi­ties dealing with nuclear development.

(3) To keep in close contact with all nu­clear development on a state, national and international level and to cooperate and work in close harmony with all groups on those levels dealing with nuclear development and nuclear science and engineering.

(4) To promote and support an extensive program of education and research relative to nuclear development in the fields of education, science, agriculture, industry, transportation, medicine and all other fields of endeavor which may aid in or be benefited by nuclear develop­ment and nuclear science and engineering.

(5) To provide for and work with groups in the state relative to the problems of regulation, insurance, safety and public health as related to nuclear energy.

(6) To collect and disseminate information relative to nuclear development; provided, that the dissemination of such information shall be in the discretion of the commission.

(7) To assist industrial, agricultural, pro­fessional and educational groups in obtaining the maximum benefit from nuclear science and engineering.

(8) To further the industrial development of Florida by attracting new industries based on nuclear science and engineering.

(9) To make recommendations to the gov­ernor relative to legislation in the field of nuclear energy.

(10) To work in close harmony with the office of the governor and to keep the governor advised at all times as to the problems, plans and progress of the commission.

(11) To send representatives to such meet­ings and conferences as the commission may deem appropriate to further the purposes of such commission under this act.

(12) To hold meetings and seminars within the state for the purpose of discussing nuclear developments within and without the state and by so doing disseminate information to the people of Florida relative to nuclear develop­ments and their effect.

Blstory.-comp. §6, ch. 57-178.

1218

TITLE XIX PENSIONS AND WAR VETERANS

CHAPTER 291

CONFEDERATE PENSIONS

291.01 State board of pensions. 291.02 Persons entitled to pensions; amount; re­

quirements. 291.03 Home guards of other states not eligible

for pension. 291.04 Widows of deceased soldiers or sailors en­

titled to pensions; amount; requirements. 291.05 Rates and amounts of pensions provided

by special acts. 291.06 Widows of soldiers or sailors drawing pen­

sions under special acts entitled to pension.

291.07 Widows entitled to pensions under this chapter not debarred by remarriage.

291.08 Additional pension for loss of eye, foot or hand in actual service.

291.09 Pensioners of other states. 291.10 Payment of allowed claims; denied applica­

tions; additional proof; new applications; chaplains not affected; new proof not required where drawing pension; pay­ment during absences from state, removal or incarceration.

291.11 Restoration of pension suspended for ab­sence from state when physical infirmity, etc., prevents pensioner from returning.

291.12 Proof. 291.13 County commissioners investigate claims. 291.14 Board of pensions furnish application

blanks.

291.01 State board of pensions.-The gov­ernor, comptroller and the treasurer of this state constitute the state board of pensions.

Hlatoq.-§3, ch. 4894, 1901;§1, ch. 6600, 1907; U, ch. 15885, 1909; §1, ch. 6424, 1913; §1, ch. 6818, 1915; U, ch. 7269, 1917; RGS 1443; CGL 2097.

291.02 Persons en tit I e d to pensions; amount; requirements.-Any person who en­listed and served in the military or naval ser­vice of the confederate states during the war between the states of the United States, and did not desert the confederate service, and who performed service in actual line of duty for a period of not less than one year, or who was in actual service at the time of the close of said war, unless incapacitated for such duty by reason of wounds received or disease con­tracted while in line of duty, or who was oth­erwise honorably discharged for any cause, and shall have been a bona fide citizen of this state for eight years next preceding the filing of his claim for pension, shall be entitled, upon application, to receive a pension in the amount of nine hundred dollars per annum, in monthly

291.16 County commissioners examine pension rolls annually; report to pension board; persons dropped.

291.17 Cooperation of confederate veterans. 291.18 Certificates. 291.21 Board of pensions prescribes regulations:

employment of clerks; salary. 291.22 Monthly payment of pensions. 291.23 Mailing of warrants for month of December

in each year. 291.25 Before whom affidavit may be made; of­

ficer not to charge for affidavit. 291.26 Unlawful cashing of pension warrants;

false swearing and false certificates; pen­alty.

291.27 Pension board may make additional rules. 291.28 Maximum charge for service to pensioner

when fee not agreed upon before service is rendered.

291.29 Maximum charge for service to pensioner. 291.30 Penalty for charging unlawful fees for

service rendered applicant for pension. 291.31 Pension board required to investigate war

record of special act pensioners; strike name from pension roll; notice to pen­sioner of intention to strike name.

291.32 Pensioner to designate under oath person to receive money accrued between last payment and date of death.

291.37 Transfer of pension funds; appropriation for pensions.

payments of seventy-five dollars each; pro­vided, however, that no soldier or soldier's wid­ow, who is now on the pension roll and drawing a pension shall be required to make other and further proof; provided, further, that no ap­plicant for a pension under this section, who has previously made satisfactory proof of ser­vice under any former law, which proof of service meets the requirements of this section, although not now on the pension roll, shall not be required to make new proof of service; pro­vided, further, that the provisions of this sec­tion shall apply to all those who were mem­bers of the Florida reserve, and also those known as "home guards," which were in the service of the state during the war between the states of the United States; provided, further that the provisions of this section shall apply to those who were members of the militia of any of the confederate states, who saw actual service in the confederate service for at least one year, or who were in the service at the end of the war, and who have been bona fide residents of the state for

1219

Ch. 291 CONFEDERATE PENSIONS

fifteen years; provided, further, that any soldier or sailor who performed actual serv­ice for a period of one year or more in line of duty and was absent from his com­mand at the time same was mustered out, up­on a furlough granted him after January 15, 1865, shall not be presumed to have deserted the service and shall be entitled to a pension under the provisions of this section, unless proven to be a deserter; and provided, further, that a discharge from a federal prison by rea­son of sickness, where such sickness is shown by official records and also by positive proof shall not be considered a desertion. '

History.-§1, ch. 4894, 1901; §2, ch. 6600, 1907; §2, ch. 5885L 1909; §2, ch. 6424, 1913; §2, ch. 6818, 1915; §2, ch. 7269, 1917; §1, ch. 7924, 1919; §1, ch. 7926, 1919; RGS 1444· 11, ch. 8400, 1921; §1, ch. 10208, 1926; CGL 2098; §1, ch. 18046, 1937; CGL 1940 Supp. 2098(1); am. §1, ch. 22912, 1945; §1, cl}. 26906, 1951.

291.03 Home guards of other states not eligible for pension.-8oldiers of organizations known as home guards of other states in the war between the states, shall not be eligible to a pension under the laws of this state; provided this section shall not affect the pen­sion of any soldier or the widow of any soldier on the pension roll of this state at this time· and, provided this section shall not apply t~ those who are eighty years of age and have resided continuously in the state for sixty years prior to May 28, 1931.

Hlstory.-§1, ch. 14736, 1981; CGL 1936 Supp. 2102(1).

291.04 Widows of deceased soldiers or sail­ors entitled to pensions; amount; requirements. -The widow of any deceased soldier or sailor who enlisted and served in the military or naval service of the confederate states during the war between the states of the United States and did not desert the service, and who performed service in actual line of duty, for a period of not less than one year, unless incapacitated for such duty by reason of death, wounds received or disease contracted while in actual line of duty, or who was otherwise honorably dis­charged for any cause, shall be entitled to re­ceive the sum of one thousand two hundred dol­lars per annum, in payments, monthly, of one hundred dollars each, upon the following conditions:

(1) Such widow shall have resided con­tinuously in this state for a period of eight years next preceding the date of filing her pension claim;

(2) Such a widow's marriage shall have been solemnized on or prior to June 1 1917 ·

(3) Such widow of any such dece~sed ;ol­dier or sailor, who at the time of his death was drawing a pension either under this chapter or under a special act of the legislature of this state, shall not be required to make proof of her husband's service;

(4) If such widow's husband, at the time of his de~th, was not drawing a pension, either under this chapter or under a special act of the legislature of this state, then such widow of any deceased soldier or sailor shall make proof of her husband's service:

(5) There is hereby appropriated out of the general revenue fund a sufficient amount to cover the increase provided by chapter 57-801.

Bistory.-§1, ch. 5109, 1903; §3, ch. 5600, 1907; §3, ch. 5885, 1909; §3, ch. 6424, 1913; §3, ch. 6818, 1915; §3, ch. 7259, 1917; §2, ch. 792~. 1n9; RGS 1445; §2, ch. 8400, 1921; §2, ch. 10208, 1925; CGL 2099· §1, ch. 18046, 1937; CGL 1940 Supp. 2098(1); §2, ch. 22912, 1945; am. §1, ch. 28106, 1953.

57::8~i. §1, ch. 29940, 1955; first para., by §1, (5) N by §2, ch.

. 291.05 Rates and amounts of pensions pro­VIded by special acts.-All persons receiving pensions under special acts heretofore passed shall be paid, in lieu of the amounts they are now receiving thereunder, at the same rate and the same manner that all pensions are paid under this chapter.

Hlstory.-§1, ch. 6109, 1903; §3, ch. 6600, 1907; §3, ch 6886, 1909; §3, ch. 6424, 1913; §3, ch. 6818, 1916; §3 ch • 7269, 1917; §2, ch. 7924, 1919; RGS 1446; §2, ch 8400 l921: §2, ch. 10208, 1926; CGL 2099; §1, ch. 18046, 1937· CGL 1940 Supp. 2098(1). '

291.06 Widows of soldiers or sailors draw­ing pensions under special acts entitled to pension.-When any soldier or sailor, draw­ing pension under a special act of the legis­la~ure, shall die and leave surviving hi.m a Widow from whom he has not been divorced such widow, upon proof of marriage to and death of, her husband, shall be granted ;. pen­sion payable from the date of the death of her husband, and at the same time and rate as other pensioners are paid; and the comptroller shall draw his warrants in payment of such pension so long as such widow continues to be a resident of the state.

Hlstory.-§1, ch. 9206, 1923; CGL 2101.

?91.07 Widows entitled to pensious under th.Is chapter not debarred by remarriage.-The Widow of any person entitled to pension under the law of this state by reason of service in or for the confederate states during the war between the states shall not be debarred from pension on account of remarriage.

Hlstory.-§1, ch. 18047, 1937; CGL 1940 Supp. 2099(1).

291.08 Ad~itional pensi?n for loss of eye, foot or hand m actual serviCe.-All pensioners of the state, now or hereafter drawing a pen­sion, who lost an eye, a foot, or a hand in actual military service during the Civil War shall b_e pai~ . the sum of five dollars pe; ~onth m addition to the. regular pension pro­VIded by law for penswners of this state, and the comptroller shall draw his warrants for such pensioners to include the additional sum of five dollars per month herein provided.

Hlstory.-§1, ch. 9204, 1923; CGL 2100.

291.09 Pensioners of other states.-No per­son receiving a pension from any other state shall be entitled to a pension under this chapter.

Hlstory.-§1, ch. 4894, 1901; GS 768; §4, ch. 6600, 1907; §4, ch. 6886, 1909; §4, ch. 6424, 1913; §4, ch. 7%69 1917 • RGS 1446; CGL 2102. ' '

291.10 Payment of allowed claims· denied applications; . additional proof; new 'applica­tions; chaplams not affected; new proof not ~equired where drawing pension; payment dur­mg absences from state, removal or 'incar-

1220

CONFEDERATE PENSIONS Ch. 291

ceration.-The payment of all allowed claims shall be made from the date of the filing of the application in the pension department, unless the applicant is the widow of a soldier receiving a pension, at the time of his death, under this chapter, when payment shall be made to such widow from the date of the death of her husband if her application be filed within ninety days after his death; pro­vided, that an applicant for pension under this chapter, whose application for pension has been denied by the board for any cause, shall file within three months of the denial of said application, additional proof that is sat­isfactory to the state pension board; other· wise, the action of the board will be considered final on such application; provided, however, such action of the board shall not prevent a new application from being made and filed under the provisions of this chapter, which, if granted, shall entitle the person applying to receive a pension from the date of filing of such new application; provided further, that nothing in this chapter shall be construed to prevent chaplains in the regular confederate service from receiving a pension.

Any person who drew a pension from the state on or before May 21, 1919, and is entitled to a pension under this chapter, shall not be required to make new proof and shall be paid from May 21, 1919.

Payments shall not continue to pensioners during absences from this state of longer duration than twelve months; provided, that when a pension has been discontinued because of such absence, it shall be renewed upon re­turn of pensioner to this state where it is shown that such absence was not permanent; provided, that payments to pensioners be dis­continued immediately upon their removal from this state, if said removal is shown to be permanent; provided further, that upon any pensioner being incarcerated or confined in any state institution in this state, the pay­ment of any pension shall be discontinued during such time of confinement, unless such pensioner has a wife or minor children de­pendent upon him or her for support, when such pension shall be paid to those so de­pendent upon such pensioner.

Hlstory.-§1, ch. 4894, 1901; §6, ch. 6600, 1907; §5, ch. 5885, 1909; §5, ch. 6424, 1918; §5, ch. 7259 1917 · §8 ch. 7924, 1919; RGS 1447; CGL 2103. ' ' '

291.11 Restoration of pension suspended for absence from state when physical in­firmity, etc., prevents pensioner from return­mg.-Any pensioner on the pension roll of this state, who has reached the age of eighty­three years or more, whose pension shall have been suspended because of absence from the state for more than twelve months, shall be restored to the pension roll of this state upon application therefor, where it is made to ap­pear that such person is unable to return to the state by reason of physical infirmity, blind­ness or other sufficient cause to be determined by the state pension board.

Hl•tory.-§1. ch. 14'181, 1981; CGL 1986 Supp. Z121(1).

291.12 Proof.-Applicants for pensions un­der this chapter shall make oath before an officer authorized to administer oaths and use a seal, stating the company and regiment in, or ship upon, which he enlisted and served, the date of enlistment and date and cause of discharge, his citizenship and rights to the benefits of this chapter. He shall furnish the affidavit of a commissioned officer under whom, or two comrades with whom, he served, or the transcript from the muster roll from the adjutant general's office at Washington, to establish the service claimed, or other docu­mentary evidence satisfactory to the board of pensions.

Hlstory.-§1, ch. 4894, 1901; §6, ch. 5600, 1907; §6, ch. 5885, 1909; §6, ch. 6424, 1913; §6, ch. 7259, 1917; RGS 1448; CGL 2104.

291.13 County commissioners investigate claims.-The board of county commissioners, of the county in which the applicant resides, shall investigate all claims made under this chapter and report upon the application whether or not the pension applied for should be granted.

Hlstory.-§1, ch. 4894, 1901; §7, ch. 6600, 1907; §7, ch. 5886, 1909; §7, ch. 6424, 1918; §7, ch. 7269, 1917; RGS 1449; CGL 2106.

291.14 Board of pensions furnish applica­tion blanks.-The state board of pensions shall furnish, annually, suitable blanks for making such reports, and shall file applications imme· diately upon receipt of same.

Hlstory.-§1, ch. 4894, 1901; §8, ch. 6600, 1907; §8, ch. 5885, 1909; §8, ch. 6424, 1913; §8, ch. 7269, 1917; RGS 1460; CGL 2106.

291.16 County commissioners examine pen­sion rolls annually; report to pension board; persons dropped.-The county commissioners of each county shall, at least once a year, examine the pension rolls of their respective counties and ascertain whether or not any person on said pension roll should be dropped from same by reason of not being entitled to draw pension under the provisipns of this chapter, and make report of their findings to the state board of pensions, who may drop such pensioners from the list, if, in their judgment, the same should be done. The pen­sion board may discontinue from the pension roll any pensioner, upon satisfactory evidence that said pensioner is not entitled, under the provisions of this chapter, to receive a pension.

Hlstory.-§1, ch. 4894, 1901; §3, ch. 6109, 1903; §10, ch. 6600, 1907; §10, ch. 6885, 1909; §10, ch. 6424, 1913; §10, ch. 7269, 1917; RGS 1462; CGL 2108.

291.17 Cooperation of confederate veterans. -The several camps of confederate veterans of this state are requested to cooperate with the boards of county commissioners and state pension board in purging the roll, if there be persons on said roll who are not justly en­titled to receive a pension.

Hlstory.-§11, ch. 7259, 1917; RGS 1453; CGL 2109.

291.18 Certificates.- The state board of pensions shall forward to each pensioner, who is not on the pension roll at the time of the passage of this law, a certificate that he is

1221

Ch. 291 CONFEDERATE PENSIONS

entitled to draw a pension, which shall be prima facie evidence to all courts of the same.

Hlstory.-§1, ch. 4894, 1901; GS 760; §11, ch. 6600, 1907; §11, ch. 6886, 1909; §11, ch. 6424, 1913; §12, ch. 7269, 1917; RGS 1464; CGL 2110.

291.21 Board of pensions prescribes regu­lations; employment of clerks; salary.- The state board of pensions shall prescribe rules and regulations for the carrying out of the provisions of the pension laws of this state, see that laws are complied with, and shall make reports and recommendations to the governor, at least thirty days before the meeting of the legislature. Said board may make rules and regulations for the conduct of their business as they may deem proper, not in conflict with the spirit and purpose of the pension law. They may employ a clerk at a salary not ex­ceeding five hundred dollars per annum, and an assistant clerk at three hundred dollars per annum, payable quarterly out of the state treasury on the certificate of the ·chairman of said board.

History.-§4, ch. 6109, 1903; GS 762; §14, ch. 6600, 1907; §14, ch. 6885, 1909; §14, ch. 6424, 1913; §14, ch. 6818, 1916; 114, ch. 7259, 1917; RGS 1467 ; CGL 2113. ct.- §291.01 l!!tate board ot pensions.

291.22 Monthly payment of pensions.-Pay­ments of pensions granted to persons in this state shall be made monthly, and the comp­troller shall issue his warrant on the state treasurer in favor of each pensioner granted a pension under the laws of this state, for a sum equal to one-twelfth of the amount an­nually granted to such person, and mail the same out on the last secular day of each month.

Hlstory.-§1, ch. 7260, 1917; RGS 1468; CGL 2114.

291.23 Mailing of warrants for month of December in each year.-The comptroller shall mail out the warrants for December of each year to the confederate veterans on the pen­sion roll of this state, in time so that they will be delivered to said pensioners not later than the twentieth day of the month of De­cember in each year.

Hlato..,-.-ch. 7765, 1918; RGS 1469; CGL 2116.

291.25 Before whom affidavit may be made; officer not to charge for affidavit.-The affidavit provided for in §291.24* may be made before any state or county official using a seal, who shall take such affidavit and seal the same free of charge; provided, however, that such affidavit may be made before any postmaster, or mail carrier, authenticating the same with his official seal or stamp, or anyone authorized to administer an oath.

Hlstory.-§3, ch. 7260, 1917; RGS 1461; CGL 2117. •§291.24 R. by §1, ch. 57-746.

291.26 Unlawful cashing of pension war­rants; false swearing and false certificates; penalty.-Any person who shall unlawfully cash any pension warrant, or swear falsely to any statement made in connection with the pro­visions of §291.24*, or any officer who shall make a false certificate under the provisions of same, shall be deemed guilty of a misde-

meanor, and upon conviction thereof, be pun­ished by a fine of not more than five hundred dollars or by imprisonment not exceeding one year.

Hlstory.-§6, ch. 7260, 1917; RGS 6404; CGL 7547. cf.-§775.07 Punishment for misdemeanor.

§291 .24 R . by § 1, ch. 57-746.

291.27 Pension board may make additional rules.-The pension board may make such ad­ditional rules and regulations, not inconsistent with the provisions of this chapter, as may be deemed necessary to safeguard the pension fund and to better carry out the objects and purposes of this chapter.

Hlstory.-§4, ch. 7260, '1917; RGS 1462; CGL :U18.

291.28 Maximum charge for service to pen­sioner when fee not agreed upon before service is rendered.-It is unlawful for any person to demand or charge any soldier, or the widow of any seldier, applying for a pension under the laws of this state, more than five dollars for all services rendered the person applying for such pension, when no fee or contract has been agreed upon between the parties before such service has been rendered or performed.

Hlstory.-§1, ch. 7%60, 1917; RGS 1463; CGL 2119.

291.29 Maximum charge for service to pen­sioner.-lt is unlawful for any person to charge any soldier, or the widow of any soldier, ap­plying for a pension under the laws of this state a fee of more than fifteen dollars for all services rendered in connection with the ob­taining of such pension, where such charge for such service has been agreed upon.

Hlstory.-§2, ch. 7260, 1917; RGS 1464; CGL 2120.

291.30 Penalty for charging unlawful fees for service rendered applicant for pension.­Any person charging, accepting or collecting more than the fees stipulated in §§291.28 and 291.29, shall be deemed guilty of a misde­meanor and, upon conviction thereof, shall be fined not more than five hundred dollars or be imprisoned for not more than one year.

Hlsto..,-.-§3, ch. 7261, 1917; RGS 6406; CGL 7648. cf.-·§775.06 Alternative punishments.

291.31 Pension board required to investi­gate war record of special act pensioners; strike name from pension roll; notice to pen­sioner of intention to strike name.-The state pension board shall investigate the war record of each and every soldier who, or whose widow, has been heretofore, or may hereafter be, granted a pension under special act of the legislature and if it be found to the satis­faction of the said pension board that any soldier who is now receiving or may here­after receive a pension, or whose widow is now receiving or may hereafter receive a pen­sion, under special act of the legislature, de­serted the army or navy of the confederacy or did not render service to the confederate states or the state or of any other state as a soldier or sailor of the confederate states, or of the state, or of any other state, the state pension board shall strike the name of such soldier or the widow of such soldier, from the pension roll

1222

CONFEDERATE PENSIONS Ch. 291

of the state and discontinue all payments of pension immediately such action is taken. Be­fore the board shall strike off any name from the pension roll, a written notice of such intend­ed action shall be first given to the pensioner whose name is proposed to be stricken, which notice shall be mailed at least fifteen days before the board shall strike any such name, and such pensioner shall have an opportunity to furnish evidence before the board in sup­port of his pension before his name shall be stricken.

Hlstoey.-§1, ch. 9206, 1923; CGL 2121.

291.32 Pensioner to designate under oath person to receive money accrued between last payment and date of death.-Upon the death of any pensioner, all money accrued from the date of last payment to date of death shall be paid to the person who shall have been designated by such pensioner, said designation to be under oath and on a form prescribed by the state comp­troller and filed in the office of said comptroller during the lifetime of such pensioner; provided, that upon the failure of any pensioner to so desig­nate a beneficiary, or upon the death of the desig­nated beneficiary prior to the death of the pen­sioner, that such money shall be paid to his per­sonal representative, and all pensioners who have heretofore died since January 1, 1940, without

designating a beneficiary and to whom such mon­ey has accrued, the same shall be paid to the personal representative of such pensioner as appointed by the proper probate court. Upon proof of death being made of any such pensioner who has heretofore died or may hereafter die, the state comptroller shall issue a warrant pay­able to the person so designated by the pensioner or the personal representative of the pensioner, as the case may be.

Hl•toey.-§1, ch. 18046, 1937; CGL 1940 Supp. 1121(2); am. §1, ch. 21970, 1943.

291.37 Transfer of pension funds; appro­priation for pensions.-

(1) The comptroller shall authorize the treas­urer to transfer all funds now in the pension tax fund to the general revenue fund of the state, and henceforth all pensions under chapter 291, shall be paid from the general revenue fund.

(2) All money hereafter paid into the state treasury from delinquent tax collections, from cancellation of confederate pension warrants under former §291.33, and from other sources, which have heretofore been credited to the pension tax fund, shall be credited to the gen­eral revenue fund of the state, and there is hereby appropriated sufficient sum from the general revenue fund of the state for the issu­ance of new warrants.

Hl•toey.-1§1, 2, ch. 2:1007, 1943; am. 17, ch. 243S'T, 1947.

1223

Ch. 292 SERVICE OFFICER

CHAPTER 292

SERVICE OFFICER

292.01 Free assistance on claims. 292.04 Veterans' service commission created. 292.041 Department of veteran affairs. 2!l2.05 Same; duties of commission. 292.06 Same; state service officer. 292.07 Same; assistant state service officers. 292.08 Same; local service officers.

292.01 Free assistance on claims.-The ad­jutant general of the state shall assist all ex-service men and women in preparing claims for and securing such compensation, hospitali­zation, vocational training, and any other bene­fits or privileges to which they are, or may become, entitled under the laws of the United States; and all service rendered under the pro­visions of this section shall be without ex­pense to the claimant.

Hiatoey.-§1, ch. 8536, 1921; CGL 2130.

292.04 Veterans' service commission created. -There is hereby created a state veterans' com­mission. The members of the commission shall be appointed by the governor and shall consist of one from each congressional district and one from the state at large, all of whom shall be veterans of a war in which the United States was or .is a participant, and who were sep­arated from the armed forces of the United States under honorable conditions. Each member of the commission shall be a citizen of the state; members of the commission shall serve for terms of four years, except that one member of the first board appointed hereunder shall serve for one year, two members for two years, and two members for three years, and two members for four years. Members shall serve without compensation, except the necessary and regular expenses of each member incurred in the performance of his duties, which shall not exceed the sum of twelve hundred dollars an­nually, which shall include fees paid to the state for the issuance of their commissions.

History.-§1, ch. 22695, 1945; §1, ch. 57-133.

292.041 Department of veteran affairs.­The name of the "State veterans' commission" is hereby changed and it shall hereafter be known and designated as the "Department of veterans' affairs" with all the rights, powers, duties, privi­leges, liabilities and authority heretofore vested in or exercised by the members of the "State veterans' commission."

Hlatoey.-§1, ch. 24069, 1947.

292.05 Same; duties of commission.-(1) The state veterans' commission shall

provide assistance to all former, present and fu­ture members of the armed forces of the United States and their dependents in preparing claims for and securing such compensation, hospitaliza­tion, vocational training, and any other benefits or privileges to which said persons or any of them are or may become entitled under any fed­eral or state law or regulation by reason of their

292.10 County commiSSioners authorized to assist war veterans; powers.

292.11 Same; county service officer. 292.12 Same; cooperation with other agencies. 292.13 Same; services to be without charge. 292.14 Same; construction of law. 292.15 Same; taxation and appropriation. 292.16 Same; construction of law.

service in the armed forces of the United States. All services rendered under the provisions of the law shall be without charge to the claimant.

(2) Except as may otherwise be provided in this law the state veterans' commission may em­ploy such personnel and incur such expenses as it may deem necessary to carry out the objects and purposes of this law and may also prescribe the salary standards, rights, powers, duties and qualifications of all persons employed hereunder.

(3) The state veterans' commission shall have authority to promulgate rules and regulations pertaining to all service work and the duties of all service officers in the state.

( 4) The state veterans' commission may make proper provision for schools for service officers at such times and places as in the dis­cretion of the commission may be necessary, for the proper certification of any candidate for the position of service officer attending such schools, and for the certification of present service of­ficers, upon such terms and conditions as in the discretion of the state veterans' commission may be necessary.

(5) The state veterans' commission shall, on the 30th day of June and the 31st day of Decem­ber of each year, make a semiannual written re­port to the governor of the state, which report shall show the expenses incurred in service work in the state, the number, nature and kind of cases handled by the service officers of the state, the amounts of benefits obtained for vet­erans. and the names and addresses of all cer­tified 'service officers, including county and city service officers, and such other information and recommendations as may appear to the state veterans' commission to be right and proper.

Hlstory.-§2, ch. 22695, 1945.

292.06 Same; state service officer.-The de­partment of veterans' affairs shall employ a state service officer to serve under the direc­tion, supervision and control of the department of veterans' affairs in carrying out the objects and purposes of this law and to act as executive secretary of the department, and his duties shall be prescribed by the department. His salary shall be fixed by the department. The state service officer shall be a resident of the state and must have served as a member of the armed forces of the United States in a war in which the United States was or is a participant and must have been separated from such service under honorable conditions.

Hlotor;r.-§3, ch. 22695, 1945; am. fl, ch. 28213, 1963.

1224

SERVICE OFFICER Ch. 292

292.07 Same; assistant state service offi­cers.-The department of veterans' affairs is hereby authorized to appoint such number of assistants to the state service officer as may be necessary, in the discretion of the depart­ment, to carry out the purposes of this law, and to fix their respective salaries.

(1) There shall be two senior assistant state service officers and such number of assistant state service officers as may be necessary as aforesaid.

(2) The duties of the said assistants shall be prescribed by the state service officer.

(3) The state service officer and his assis­tants shall also be allowed their reasonable and necessary traveling expenses incurred in the discharge of their duties.

( 4) The residence and other qualifications of such assistants shall be the same as those prescribed for the state service officer, except that the department of veterans' affairs may prescribe additional qualifications as a condi­tion precedent to their appointment and em­ployment.

Hlstory.-§4, ch. 22695, 1945; am. §2, ch. 28213. 1953.

292.fl8 Same; local service officers.-(1) The board of county commissioners of

each county, and the proper officers of each city in this state, may employ county or city service officers to cooperate with the state veterans' com­mission in rendering the services imposed upon the state veterans' commission under the pro­visions of this law. Any county or city desiring to employ a county or city service officer under the provisions of this section may notify the state veterans' commission of its intention to do so and request the commission to furnish it with the name or names of a person or persons qualified to fill such position. The commission shall there­upon certify to such county or city the name or names of candidates for such positions who meet the requirements and qualifications prescribed by the commission. The county or city may there­upon employ any person or persons so certified by the commission and pay the salary and other expenses of the person or persons so employed, and provide for office space, clerical assistance, and any other expenses of the office.

(2) Any person employed by any county or city under the provisions of this section shall from the time of his employment be subject to such rules and regulations as the state veterans' commission may from time to time prescribe. Appropriations made by any county or city or both for the purposes set forth in this section are hereby declared to be appropriations for a county or municipal purpose, as the case may be. Any two or more counties may jointly employ a service officer.

History.-§5, ch. 22695, 1945.

and complete power and authority to aid and assist wherever practical and feasible the vet­erans, male and female, who have served in the armed forces of the United States in any war, and received an honorable discharge from any branch of the military service of the United States, and their dependents, in presenting claims for and securing such compensation, hospitalization, education, loans, vocational training and any other benefits or privileges to which said veterans, or any of them, are or may become entitled to under any federal or state law or regulation by reason of their service in the armed forces of the United States.

Hlatory.-§1, ch. 23017, 1945.

292.11 Same; county service officer.-The boards of county commissioners of the several counties of the state are hereby authorized to employ a county service officer, and to provide office space, clerical assistance and the necessary supplies incidental to providing and maintaining a county service office, and to pay said expenses and salaries from the moneys here­inafter provided for; the county service officer must be an honorably discharged veteran who served in the armed forces of the United States during a period of war and his duties, com­pensation and terms of employment shall be prescribed by the board of county commissioners of such county.

Hlstory.-§2, ch. 23017, 1945.

292.12 Same; cooperation with other agen­cies.-The boards of county commissioners of the several counties of the state may, in or­der to accomplish the purposes of this law, work jointly with any agency of the federal gov­ernment, any present or future state agency or commission, or any other county in the state, or any municipality in such county, and such board may contribute directly from the funds herein provided to any such agency, com­mission, political entity or municipality in fur­therance of the purpose of this law, and may, with any other county or municipality, employ jointly a county service officer to carry out for such counties the purposes of this law.

Hlstory.-§3, ch. 23017, 1945.

292.13 Same; services to be without charge. -All services performed by any county service officer employed hereunder for any veteran or his or her dependents shall be rendered without charge to said veteran or said dependents.

Hlstol'J".-§4, ch. 23017, 1945.

292.14 Same; construction of law.-It is the intent and purpose of the legislature that in construing this law the broadest interpretation be given to the same, in order to carry out and effectuate the purposes of this law.

Hlstory.-§5, ch. 23017, 1945.

292.10 County commissioners authorized to 292.15 Same; taxation and appropriation.-assist war veterans; powers.-The boards of The boards of county commissioners of the sev­county commissioners of the several counties of eral counties of the state be and the same the state be and they are hereby granted full are hereby expressly authorized and empow-

1225

Ch. 292 SERVICE OFFICER

ered to levy a tax not to exceed one-half mill, or use available funds on hand and unappropriated, whether derived from taxation or otherwise, for the purpose of aiding and assisting the veterans described in §292.10, by providing a service of­ficer and maintaining a service office in said county, and to disburse said moneys at such times and in such manner and under such terms and conditions as may be provided by resolution of

said boards of county commissioners from time to time.

Hlator;r.-§6, ch. 23017, 1945.

292.16 Same; construction of law.-Sectiona 292.10 to 292.15 shall not be construed to be ex­clusive, but shall be cumulative and supplemental to other acts relating to the same general pur­poses of this law.

Hlstor;r.-§7, ch. 23017, 1946.

1226

UNIFORM VETERANS' GUARDIANSHIP LAW Ch. 293

CHAPTER 293 UNIFORM VETERANS' GUARDIANSHIP LAW

293.01 Short title. 293.02 Definitions. 293.03 Appointment of guardian for ward au­

thorized. 293.04 Number wards for whom one guardian may

act. 293.05 Petition for appointment of guardian. 293.06 Appointment of guardian of minor ward;

certificate setting forth age and neces­sity.

293.07 Appointment of guardian of mentally in­competent ward; certificate setting forth incompetence rating and necessity for appointment.

293.08 Notice by court of petition filed for ap­pointment of guardian.

293.09 Guardian's bond. 293.10 Guardian required annually to file with

court full and accurate accounts; certi­fied copy of accounts to bureau; hearing on accounts and notice thereof.

293.01 Short title.-This chapter may be cited as the "Uniform veterans' guardianship law."

History.-§18, ch. 14579, 1929; CGL 1936 Supp. 2146(1). cf.-ch. 295, Veterans In gener a l.

293.02 Definitions.-As used in this chap­ter:

"Person" includes a partnership, corpora­tion or an association.

"Bureau" means the United States veterans' bureau or its successor.

"Estate" and "income" shall include only moneys received by the guardian from the bu­reau and all earnings, interest and profits de­rived therefrom.

"Benefits" shall mean all moneys payable by the United States through the bureau.

"Director" means the director of the United States veterans' bureau or his successor.

"Ward" means a beneficiary of the bureau. "Guardian" as used herein shall mean any

person acting as a fiduciary for a ward. Hlstory.-§1, ch. 14579, 1929; CGL 1936 Supp. 2146(2).

293.03 Appointment of guardian for ward authorized.-Whenever, pursuant to any law <>f the United States or regulation of the bu­reau, the director requires, prior to payment <>f benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided.

Hlstory.-§2, ch. 14579, 1929; CGL 1986 Supp. 2146(8).

293.04 Number wards for whom one guard­ian may act.-Except as hereinafter provided, it is unlawful for any person to accept appoint­ment as guardian of any ward if such proposed guardian shall at that time be acting as guard­ian for five wards. In any case, upon presen­tation of a petition by an attorney of the bu­reau, under this section, alleging that a guard­ian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substan­tiating the petition, shall require a final ac-

293.11 Failure of guardian to file accounts 1a grounds for removal.

293.12 Guardian's compensation; bond premiums. 293.13 Investment of funds of estate by guardian. 293.14 Guardian's application of estate funds for

support and maintenance of person other than ward.

293.15 Certified copies of public records made available.

293.16 Procedure for commitment of veteran to United States veterans' bureau hospital; powers and custody; notice required.

293.17 Provisions for discharge of guardian of minor and incompetent wards.

293.18 Construction and application of chapter. 293 .19 Court costs in small estates. 293.20 Administrator of veterans' affairs as party

in interest.

counting forthwith from such guardian and shall discharge such guardian in said case.

The limitations of this section shall not ap­ply where the guardian is a bank or trust com­pany acting for the wards' estates only. An individual may be guardian of more than five wards if they are all members of the same family.

Hlstory.-§3, ch. 14579, 1929; CGL 1936 Supp. 2146(4).

293.05 Petition for appointment of guardian. -A petition for the appointment of a guardian may be filed in any court of competent juris­diction by or on behalf of any person who un­der existing law is entitled to priority of ap­pointment. If there be no person so entitled, or if the person so entitled shall neglect or re­fuse, to file such a petition within thirty days after mailing of notice by the bureau to the last known address of such person, indicating the necessity for the same, a petition for such appointment may be filed in any court of com­petent jurisdiction by or on behalf of any re­sponsible person residing in this state.

The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the near­est relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the bureau and shall set forth the amount of moneys then due and the amount of probable future payments.

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent on examination by the bureau, in accordance with the laws and regu­lations governing the bureau.

Hlstory.-§4, ch. 14579, 1929; CGL 1986 Supp. 2146(6). cf.-§294.02 Appointment of guardians.

§744.06 Jurisdiction.

293.06 Appointment of guardian of minor ward; certificate setting forth age and neces­sity.-Where a petition is filed for the appoint­ment of a guardian of a minor ward, a certifi-

1227

Ch. 293 UNIFORM VETERANS' GUARDIANSHIP LAW

cate of the director, or his representative. set­ting forth the age of such minor, as shown by the records of the bureau, and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the bureau, shall be prima f acie evidence of the necessity for such appointment.

History.-§5, ch. 14679, 1929; CGL 1936 Supp. 2146(6) .

293.07 Appointment of guardian of mentally incompetent ward; certificate setting forth in­competence rating and necessity for appoint­ment.-Where a petition is filed for the ap­pointment of a guardian of a mentally incom­petent ward, a certificate of the director, or his representative, setting forth the fact that such person has been rated incompetent by the bureau, on examination in accordance with the laws and regulations governing such bureau; and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the bureau, shall be prima facie evidence of the necessity for such appointment.

History.-§6, ch. 14579, 1929; CGL 1936 Supp. 2146(7).

293.08 Notice by court of petition filed for appointment of guardian.-Upon the filing of a petition for the appointment of a guardian, under the provisions of this chapter, the court shall cause such notice to be given as provided by law.

History.-§7, ch. 14579, 1929 ; CGL 1936 Supp. 2146(8) .

293.09 Guardian's bond.-Before making an appointment under the provisions of this chap­ter, the court shall be satisfied that the guard­ian whose appointment is sought is a fit and proper person to be appointed. Upon the ap­pointment being made, the guardian shall exe­cute and file a bond to be approved by the court in an amount not less than the sum due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of guard­ians appointed under the guardianship laws of this state. The court shall have power, from time to time, to require the guardian to file an additional bond.

Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath that shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof, over and above all their debts and liabilities and exclusive of property exempt from execu­tion.

Hlstory.-§8, ch. 14679, 1929; CGL 1936 Supp. 2146(9).

293.10 Guardian required annually to file with court full and accurate accounts; Ctlrti­fied copy of accounts to bureau; hearing· on accounts and notice thereof.-Every guardian, who shall receive on account of his ward any moneys from the bureau, shall file with the court, annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys

so received by him, of all disbursements there­of, and showing the balance thereof in his hands at the date of such account and how in­vested. A certified copy of each of such ac­counts filed with the court shall be sent by the guardian to the office of the bureau hav­ing jurisdiction over the area in which such court is located. The court shall fix a time and place for the hearing on such account not less than fifteen days nor more than thirty days from the date of filing same and notice thereof shall be given by the court to the aforesaid bureau office not less than fifteen days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian.

Hlstory.-§9, ch. 14679, 1929; CGL 1936 Supp, 2146(10). ct.-§§294.08, 294.09, Procedure at hearing.

293.11 Failure of guardian to file accounts is grounds for removaL-If any guardian shall fail to file any account of the moneys received by him from the bureau on account of his ward within thirty days after such account is re­quired by either the court or the bureau, or shall fail to furnish the bureau a copy of his accounts as required by this chapter, such failure shall be grounds for removal.

Hlstory.-§10, ch. 14579, 1929; CGL 1936 Supp. 2146(11) .

293.12 Guardian's compensation; bond pre­miums.-Compensation payable to guardian shall not exceed five per cent of the income of the ward during any year. In the event of extraordinary services rendered by such guard­ian, the court may, upon petition and after hearing thereon, authorize additional compen­sation therefor, payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided in §293.10. No com­pensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond.

Hlstory.-§11, ch. 1479, 1929; CGL 1936 Supp. 2146(12) .

293.13 Investment of funds of estate by guardian.-Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no inter­est, as allowed by law and approved by the court.

Hlstory.-§12, ch. 14579, 1929; §1, ch. 17473, 1936; CGL 1936 Supp. 2146 (13).

293.14 Guardian's application of estate funds for support and maintenance of person other than ward.-A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given the proper office of the bureau in the manner provided in §293.10.

Hlstory.-§13, ch. 14679, 1929; CGL 1936 Supp. 2146(14).

293.15 Certified copies of public records made available.-Wherever a copy of any pub­lic record is required by the bureau to be used

1228

UNIFORM VETERANS' GUARDIANSHIP LAW Ch. 293

in determining the eligibility of any person to participate in benefits made available by such bureau, the official charged with the custody of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his behalf, or the rep­resentative of such bureau, with a certified copy of such record. For each and every certi­fied copy so furnished by the official the said official shall be paid by the board of county commissioners the fee provided by law for copies.

History.-§14, ch. 14579, 1929; CGL 1936 Supp. 2146(15). Am. §7, ch. 297~. 1U55.

293.16 Procedure for commitment of veter­an to United States veterans' bureau hospital; powers and custody; notice required.-

(1) Whenever, in any proceeding under the laws of this state for the commitment of a per­son alleged to be of unsound mind or otherwise in need of confinement in a hospital or other in­stitution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commit­ment to a hospital for mental disease or other institution is necessary for safekeeping or treat­ment and it appears that such person is eligi­ble for care or treatment by the veterans' admin­istration or other agency of the United States government, the court, upon receipt of a certifi­cate from the veterans' administration or such other agency showing that facilities are avail­able and that such person is eligible for care or treatment therein, may commit such person to said veterans' administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as pro­vided by the law of this state; and nothing in this act shall affect his right to appear and be heard in the proceedings. Upon commitment, such person, when admitted to any facility op­erated by any such agency within or without this state shall be subject to the rules and regulations of the veterans' administration or other agency. The chief officer of any facility of the veterans' administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as super­intendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole or discharge. Jurisdic­tion is retained in the committing or other ap­propriate court of this state at any time to in­quire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commit­ments pursuant to this act are so conditioned.

(2) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the veterans' administration, or other agency of the United States government for care or treatment shall have the same force and effect as · to the committed person while in this state

as in the jurisdiction in which is situated the court entering the judgment or making the or­der; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so com­mitted for the purpose of inquiring into the mental condition of such person, and of deter­mining the necessity for continuance of his re­straint, as is provided in subsection (1) of this section with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the veterans' administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer. uarole or discharge the committed person.

(3) Upon receipt of a certificate of the vet­erans' administration or such other agency of the United States that facilities are available for the care or treatment of any person hereto­fore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superin· tendent of the institution may cause the trans­fer of such person to the veterans' administra­tion or other agency of the United States for care or treatment. Upon effecting any such trans­fer, the committing court or proper officer there­of shall be notified thereof by the transferring agency. No person shall be transferred to the veterans' administration or other agency of the United States if he be confined pursuant to con­viction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such trans­fer after appropriate motion and hearing.

(4) Any person transferred as provided in this section shall be deemed to be committed to the veterans' administration or other agency of the United States pursuant to the original com­mitment.

Hlstory.-§15, ch. 14579, 1929; CGL 1936 Supp. 2146(16); am. §1, ch. 21795, 1943.

293.17 Provisions for discharge of guardian of minor and incompetent wards.-When a minor ward, for whom a guardian has been appointed under the provisions of this chap­ter or other laws of this state, shall have at­tained his majority and, if incompetl'nt, shall be declared competent by the bureau and the court, and when any incompetent ward not a minor shall be declared competent by said bu­reau and the court, the guardian shall, upon making a satisfactory accounting, be dis­charged upon a petition filed for that purpose .

Hlstory.-§16, ch. 14579, 1929; CGL 1936 Supp. 2146(17).

293.18 Construction and application of chap­ter.-This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the bureau. It shall be so interpreted and

1229

Ch. 293 UNIFORM VETEFtANS' GUARDIANSHIP LAW

construed as to effectuate its general purpose to make uniform the law of those states " 'hich enact it.

Hlotor,y.-§§17, 19, ch. 14579, 1929; CGL 1936 Supp. 2146(18) .

293.19 Court costs in small estates.-Guar­dians who are holding funds received from, or who are currently in receipt of funds from, the veterans' administration for the ward, and where the amount so received during the ac­counting year does not exceed the sum of five hundred dollars, and where the funds on hand at the end of the accounting year do not exceed the sum of five hundred dollars, the court costs in such cases for docketing, indexing, filing, auditing, recording, and passing by order or oth­erwise of annual reports shall not exceed the sum of two dollars.

Hlstor,y.-§2, ch. 21795, 1943.

293.20 Administrator of veterans' affairs as party in interest.-The administrator of veter­ans' affairs shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the veterans' administration. Not less than fifteen days prior to hearing in such matter, no­tice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the veterans' administration hav­ing jurisdiction over the area in which any such suit or any such proceeding is pending.

HIBtor,y.-§3, ch. 21795, 1943.

1230

SUPPLEMENTAL VETERANS' GUARDIANSHIP LAW Ch. 294

CHAPTER 294 SUPPLEMENTAL VETERANS' GUARDIANSHIP LAW

294.01 Provisions applicable to uniform veterans' 294.08 Notice to ward or next of kin of hearing guardianship law. on annual accounts.

294.02 Appointment of guardians. 294.09 Judge of court required to examine vouch-294.03 Copy of petition mailed to ward prior to ers and audit accounts; affidavits re-

hearing. quired to support improper items; re-2-94.04 Guardians of beneficiaries of "War risk jected items; decree recorded; accounts

insurance act" or "World War veterans' and vouchers filed. act of 1924"; persons ineligible to serve. 294.10 Guardian's petition for authority to sell

294.05 Guardian empowered to receive moneys due ward's real estate; notice by publication ward from U. S. government for mill- required; penalties. tary or naval service. 294.11 Guardianship petition; county judge's fee;

294.06 Guardian required to file inventory; failure notice, etc., filed; copies of documents is grounds for discharge and forfeit of required by U. S. veterans' bureau; at-commissions. torney's fee.

294.07 Notice of appointment of general guardian 294.12 Final settlement of guardianship; notice filed; veterans' guardianship closed; re- required; guardian ad litem fee; papers sponsibilities and penalties transferred to required by United States veterans' general guardian. bureau.

294.01 Provisions applicable to uniform vet­erans' guardianship law.-The provisions of this chapter shall supplement and be applicable to chapter 293 (Uniform veterans' guardianship law.)

Histor;r.-§21, ch. 14679, 1929; CGL 1936 Supp. 2146(20).

294.02 Appointment of guardians. - T h e county judges of this state shall have power to appoint guardians.

Hlstor;r.-§1, ch. 11906, 1927; CGL 2133. cf.-§293.05 Petition for appointment of guardian.

§744.06 Jurisdiction.

294.03 Copy of petition mailed to ward prior to hearing.-A copy of the petition, pro­vided for in §293.05, shall be mailed by the clerk of the court to the person or persons for whom a guardian is to be appointed, to the last known address of such person or per­sons, not less than five days prior to the date set for the hearing of the petition by the court.

Hlstor;r.-§2, ch. 11906, 1927; CGL 2134.

294.04 Guardians of beneficiaries of "War risk insurance act" or "World War veterans' act of 1924"; persons ineligible to serve.-It is unlawful for a county judge to appoint either himself, or a member of his family, as guardian for any person entitled to the benefits of an act of congress known as the "War risk insur­ance act" or entitled to the benefits of an act of congress known as the "World War veter­ans' act of 1924", as amended, except in cases where the person entitled to such benefits is a member of the family of the county judge involved.

Hlstor;r.-§4, ch. 11906, 1927; CGL 2136.

294.05 Guardian empowered to receive moneys due ward from U. S. government for military or naval service.-In addition to the power granted the guardian under the pro­visions of chapter 293, he shall also have the right to receive for the account of the ward any money due from the United States govern­ment in the way of arrears of pay, bonus, com­pensation or insurance, or other sums due by reason of his service (or the service of the person through whom the ward claims) in

the military or naval branch of the United States government.

Hlstor;r.-§6, ch. 11906, 1927; CGL 2188.

294.06 Guardian required to file inventory; failure is grounds for discharge and forfeit of commissions.-Every guardian shall, within thirty days after his qualification and when­ever subsequently required by the county judge, file in the office of the county judge a complete inventory of all the ward's personal property in his hands, and also, a schedule of all real estate in the state belonging to his ward, describing it and its quality, whether improved or not, and if improved in what manner, and the appraised value of same. Failure on the part of the guardian to conform to the requirements of this section shall be grounds for discharge of the guardian, in which case the guardian shall forfeit all commissions.

Hlstor;r.-§6, ch. 11906, 1927; CGL 2138.

294.07 Notice of appointment of general guardian filed; veterans' guardianship closed; responsibilities and penalties transferred to general guardian.-When the appointment of a general guardian is made in the proper court and such guardian has qualified and taken charge of the other property of the ward, such general guardian shall file notice of such ap­pointment in the court where the guardianship under chapter 293 is pending and have this guardianship settled up and closed so that the general guardian may take charge of the money referred to and described in chapters 293 and 294. When the appointment of a gen­eral guardian for such person, whether in­competent or minor children, or other bene­ficiaries entitled to the benefits of the "World War veterans' act of 1924" as amended, an4 the "War risk insurance act" as amended, has been confirmed by the court having jurisdic­tion, such general guardian shall be responsible and be subject to the provisions and penalties contained in the aforesaid acts of congress as well as the requirements pertaining to guar­dians as set forth in chapters 293 and 294.

Hletor;r.-§6, ch. 11906, 1927; CGL 2188.

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Ch. 294 SUPPLEMENTAL VETERANS' GUARDIANSHIP LAW

294.08 Notice to ward or next of kin of hearing on annual accounts.-The court need not appoint a guardian ad litem to represent the ward at the hearing provided for in §293.10. If the residence of the next kin of said ward is known, notice by registered mail shall be sent to such relative. Notice also shall be served on the ward, or if said ward be men­tally incapable of understanding the matter at issue, such notice may be served on the person in charge of the institution where such ward is detained, or on the person having charge or custody of said ward.

History.-§7, ch. 11906, 1927; CGL 2189. ct.-§1.01 (13) defines registered ma!l to Include certified ma!l with return receipt requested.

294.09 Judge of court required to examine vouchers and audit accounts; affidavits re­quired to support improper items; rejected items; decree recorded; accounts and vouchers filed.-The judge of the court on the day of which the hearing is had as provided for in §293.10, shall carefully examine the vouchers and audit and state the account between the guardian and ward. Proper evidence shall be required in support of vouchers or items of the account that may appear to the court not to be just and proper, such evidence to be taken by affidavit or by any other legal mode. If any voucher be rejected, the item or items covered by said disapproval of any voucher or vouchers shall be taxed against the guardian personally. After such examination, the court shall render a decree upon said account which shall be entered on record and the account and vouchers shall be filed. Such partial set­tlement shall be taken and presumed as correct on final settlement of guardianship.

Hlstory.-§8, ch. 11906, 1927; CGL 2140.

294.10 Guardian's petition for authority to sell ward's real estate; notice by publication required; penalties.- When any guardian of the estate of an infant or incompetent shall have the control or management of any real estate, the property of such infant or incom­petent, and shall deem it necessary or expedi­ent to sell the same, the guardian shall apply either in term time or in vacation by petition to the county judge or judge of the circuit court for the county in which said real estate may be situated for authority to sell the same, and if the prayer of said petition shall ap­pear to the judge reasonable and just and financially beneficial to the estate of the ward, he may authorize said guardian to sell said estate under such conditions as the interest of said infant or incompetent may, in . the opinion of the said judge, seem to require. Such authority shall not be granted unless the guardian shall have given previous notice, published once a week for four successive weeks in a newspaper published in the county where the application is made, of his inten­tion to make application to such judge for

authority to sell the same, setting forth in said notice the time and place and to what judge said application will be made. If the lands lie in more than one county, application shall be made in each county. Failure on the part of the guardian to comply with the pro­visions of this section shall make him and his bondsmen individually responsible for any loss that may accrue to the estate of the ward involved, and shall be ground for the immedi­ate removal of such guardian as to his func­tions, but not discharge him as to his liability or discharge the liabilities of his sureties.

Hlstory.-§9, ch. 11906, 1927; CGL 2141.

294.11 Guardianship p e t i t i o n ; county judge's fee; notice, etc., filed; copies of docu­ments required by U. S. veterans' bureau; at­torney's fee.-Upon the filing of the petition for guardianship, granting of same and en­tering decree thereon, the county judge shall be entitled to a fixed charge or cost of ten dollars, which shall include the cost of re­cording the petition, bond and decree and the issuing of letters of guardianship. The notice from the United States veterans' bureau and the certified copy of the physical examination made by neuropsychiatrist experts, etc., need not be recorded but must be kept in the file. Upon issuing letters of guardianship or letters appointing a guardian for the estate of an infant or incompetent, the county judge shall send to the regional office of the United States veterans' bureau having jurisdiction in this state, two certified copies of the letters and two certified copies of the bond approved by the court, without charge or expense to the estate involved. The fee for the attorney filing said petition and conducting said proceedings shall be fixed by the court in an amount as reasonably small as possible and not to exceed twenty-five dollars.

History.-§10, ch. 11906, 1927; CGL 2142.

294.12 Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States veterans' bureau.­On the final settlement of the guardianship, the notice provided herein for partial settle­ment must be given and the other proceedings conducted as in case of partial settlement, ex­cept that a guardian ad litem may be ap­pointed to represent the ward, whose fee shall in no case exceed fifteen dollars; providing, however, if the said ward has been pronounced competent and is shown to be mentally sound and appears in court and is twenty-one years of age, the settlement may be had between the guardian and the ward under the direc­tion of the court without notice to next of kin, or the appointment of a guardian ad litem. A certified copy of said final settlement so made in all cases must be filed with the United States veterans' bureau by the clerk of the court.

Hlstory.-§11, ch. 11906, 1927; CGL 2143.

1232

LAWS RELATING TO VETERANS, GENERALLY Ch. 295

CHAPTER 295

LAWS RELATING TO VETERANS, GENERALLY

295.01 Children of deceased veterans; education. 295.02 Same; use of funds; age, etc. 295.03 Same; minimum requirements. 295.04 Same; appropriation; benefits. 295.05 Same; admission; enrollment. 295.07 Veterans preference in appointment, rein­

statement and reemployment. 295.08 Competitive examination systems prefer­

ence points; professional and scientific services.

295.01 Children of deceased veterans; edu­cation.-It is hereby declared to be the policy of the state to provide educational oppor­tunity at state expense for dependent children, either of whose parents entered the army, navy, marine or nurses corps of the United States from the state, and died in that service or from injuries susta ined or disease contracted ther ein between the 6th day of April, 1917, and the 2nd day of July, 1921; the 7th day of December, 1941 and the 2nd day of Sep­tember, 1945 and the 25th day of June, 1950 to the date of the cessation of hostilities as determined by the United States government, or who have died since or may hereafter die from diseases or disability resulting from such war service; where the parents of such children have been bona fide residents of the state for five years next preceding their applica­tion for the benefits hereof, and subject to the rules, restrictions and limitations hereof.

History.-§1, ch. 20966, 1941; am. §1, ch. 21655, 1943. Am. § 1, ch. 28195, 1953.

295.02 Same; use of funds; age, etc.-All sums appropriated and expended under this chap­ter shall be used to pay matriculation fees, board and room rent and buy books for the children of deceased veterans, as above defined and limited, who are between the ages of sixteen and twenty­two years and who are in attendance at a state educational or training institution of a secondary or college grade; provided, that no tuition shall be charged to or paid by the child benefited here­by; and, provided further, that any child having entered upon a course of training or education, under the provisions of this chapter, consisting of a course of not more than four years and arriving at the age of twenty-two years before the completion of said course may continue with said course and receive all the benefits of the provisions of this chapter until said course is completed. Sums provided hereby shall be paid out on vouchers signed by the governing authori­ties of the institution in which such child is in attendance and such board shall determine eligi­bility for the benefits hereof.

History.-§2, ch. 20966, 1941.

295.03 Same; minimum requirements.-Upon failure of any child benefited hereby to comply with the ordinary and minimum requirements of the institution attended, both as to discipline and scholarship, the benefits hereof shall be with­drawn as to him or her and no further moneys expended for his or her benefits so long as such

295.09 295.10 295.11

295.12 295.13

Promotion examinations; preference points. Noncompetitive positions; preferences. Report of reason for not employing pre-

ferred veteran applicant; investigation. Law not applicable to. Disability of minority of veterans and

spouse removed, benefits under service­men's readjustment act.

failure or delinquency continues. History.-§3, ch. 20966, 1941.

295.04 Same; appropriation; benefits.­The sum of eight thousand dollars, or so much thereof as may be necessary for the purpose hereof, shall be appropriated in the biennial general appropriations act for each fiscal year provided that not exceeding three hundred dollars shall be expended on any one child within any period of twelve months, including fees, tuition, credit, room, board and books. Only students in good standing in their col­leges shall receive the benefits hereof and no student shall receive such benefits for more than four years.

History.-§4, ch. 20966, 1941; §38, ch. 26869, 1951.

295.05 Same; admission; enrollment.-Eligi­bility for admission is not affected by this chap­ter, but all children receiving benefits hereunder shall be enrolled according to the customary rules and requirements of the institution attended.

History .-§6, ch. 20966, 1941.

295.07 Veterans preference in appointment, reinstatement and reemployment.-In certifica­tion for appointment, in appointment, in rein­statement, in reemployment and in retention in position in all establishments, boards, commis­sions, agencies, political subdivisions, and muni­cipalities of the state, preference shall be given to:

(1) Those ex-service men and women, who have served on active duty in any branch of the armed forces of the United States and who have been separated therefrom under honorable con­ditions and who have established the present ex­istence of a service-connected disability, which is compensable under public laws administered by the U. S. veterans' administration, or who are receiving compensation, disability retirement benefits, or pension by reason of public laws ad­ministered by the U.S. veterans' administration, the war department, or the navy department.

(2) The wives of such service-connected dis­abled ex-servicemen as have themselves been un­able to qualify for any position.

(3) The unmarried widows of deceased ex­servicemen who served on active duty in any branch of the armed forces of the United States during any war, or any campaign or expedition (for which a campaign badge has been autho­rized), and who were separated therefrom under honorable conditions.

( 4) Those ex-servicemen and women who have served on active duty in any branch of the

1233

Ch. 295 LAWS RELATING TO VETERANS, GENERALLY

armed forces of the United States, during any war, or in any campaign or expedition (for which a campaign badge has been authorized) and have been separated therefrom under honorable con­ditions.

Hlatof'7.-11, ch. 24201, 1947.

295.08 Competitive examination systems preference points; professional and scientific services.-In all examinations to determine the qualification for entrance into the service of all establishments, agencies, boards, commissions, political subdivis:fons, and municipalities of the state where the employment of persons is subject to the merit system, civil service, or other competitive system, ten points shall be added to the earned ratings of those persons in­cluded under subsections (1), (2), (3) of §295.07, and five points shall be added to the earned rat­ings of those persons included under subsection (4) of §295.07, provided, that such points shall be added only to earned ratings which are equal to or greater than the minimum rating for qualification as announced by the establishment, agency, board, commission, po­litical subdivision, or municipality of the state controlling the particular examination; the names of preference eligibles shall be en­tered on an appropriate register or lists of eligibles in accordance with their respective augmented ratings, and the name of a prefer­ence eligible shall be entered ahead of all others having the same rating; provided, however, that, except for positions in professional and scien­tific services for which the entrance salary is over three thousand dollars per annum, the names of all qualified ten-point preference eli­gibles whose service-connected disability has been rated by the veterans' administration to be thirty per cent or more shall be placed at the top of the appropriate register or employment list, in accordance with their respective augmented ratings.

Hlstory.-§2, ch. 24201, 1947.

295.09 Promotion examinations; preference points.-Where employees of all establishments, agencies, boards, commissions, political subdivi­sions, and municipalities of the state where the employment of persons is subject to the merit system, civil service or other competi­tive system, shall have served in the armed forces of the United States and shall have been honor­ably discharged and shall have been reinstated in his former position, upon his first examination to determine his qualifications for promotion, ten points shall be added to the earned rating of those persons included in subsections (1), (2), (3) of §295.07, and five points shall be added to the earned ratings of those persons included un­der subsection (4) of §295.07.

Hlstory.-§3, ch. 24201, 1947.

295.10 Noncompetitive positions; pref­erences.-In all positions where employment of persons is not subject to merit system, civil serv­ice, or other competitive system, preference in appointment and employment shall be given by all establishments, agencies, boards, commis­sions, political subdivisions, and municipalities

of the state heretofore referred to, first to those persons included under subsections (1), (2), (3) of §295.07, second to those persons included under subsection (4) of §295.07, pro­vided that such persons possess the minimum qualifications necessary to the discharge of the duties involved; third, all other persons.

Hlsto17.-§4, ch. 24201, 1947.

295.11 Report of reason for not employing preferred veteran applicant; investigation.­Any establishment, agency, board, commission, political subdivision, or municipality of the state heretofore referred to, where the em­ployment of persons is not subject to the merit system, civil service, or other competitive system, which may hereafter appoint or employ a non-veteran to a position to which one or more persons named in subsections (1), (2), and (4) of §295.07 has made application, shall forthwith file his reasons for such appointment of such non-veteran with the director of the state vete­rans commission, whose duty it shall be, upon the demand of any of those persons named in subsections (1), (2), (3), and (4) of §295.07 having made application for the position awarded such non-veteran, and feeling himself aggrieved under the provisions of this law, to investigate complaints arising hereunder and the said di­rector of the state veterans commission, finding the equities to be with the complainants, shall use all of the powers of his office on behalf of such complainant.

Bistory.-§5, ch. 24201, 1947.

295.12 Law not applicable to.-Nothing con­tained in §§295.07-295.12 is intended to apply to any position in or under the legislative or judi­cial branches of the state government, or to any position or appointment which is required to be confirmed by the senate.

Hlotory.-§6. ch. 24201, 1947.

295.13 Disability of minority of veterans and spouse removed, benefits under servicemen's readjustment act.-The disability of minority of any person otherwise eligible for a loan, or guaranty or insurance of a loan, pursuant to the act of congress entitled the servicemen's re­adjustment act of 1944, (58 stat. 284) as hereto­fore or hereafter amended (38 U.S.C. 693 et seq.), and of the minor spouse of any eligible veteran, in connection with any transaction en­tered into pursuant to said act of the congress, as heretofore or hereafter amended, shall not affect the binding effect of any obligation incurred by such eligible person or spouse as an incident to any such transaction, including incurring of indebtedness and acquiring, encumbering, sell­ing, releasing, or conveying property, or any interest therein, if all or part of any such obli­gation be guaranteed or insured by the govern­ment or the administrator of veterans' affairs pursuant to said act and amendments thereto; or if the administrator be the creditor, by rea­son of a loan or a sale pursuant to said act and amendments. This section shall not create, or render enforceable, any other or greater rights or liabilities than would exist if neither such person nor such spouse were a minor.

History .--comp. f 1, ch. 28204, 1953.

1234

298.01 298.02

298.03

298.04

298.05

298.06 298.07

298.08

298.09

298.10 298.11

298.12

298.13 298.14

298.15

298.16

298.17

298.18

298.19

298.20

298.21

298.22

298.23

298.24

298.25

TITLE XX DRAINAGE

CHAPTER 298

GENERAL DRAINAGE

Formation of drainage district. Notice of application to form drainage

district. Objections to formation of district; hear­

ing; decree incorporating district filed; decree filed in counties affected.

Change of venue in proceedings under chapter.

Revival of cause on death of party to any proceedings under chapter; constructive service on nonresidents.

Dissolution of district in certain cases. Amending former decree incorporating dis­

trict; changing boundary lines and plan of reclamation; form of notice; objec­tions, hearing and determination on petition.

Adjacent districts may be consolidated; elections; petition to court; notice; objec­tions, hearing and decree.

Extending corporate life of drainage dis­trict; meeting of landowners; petition to court; proceedings, etc.

Appeal not to act as supersedeas. Election of board of supervisors; drainage

commissioners to represent state at elec­tion; if no election held, drainage com­missioners to appoint supervisors, etc.

Annual election of supervisors; term of office, etc.

Supervisor's oath of office. Organization of board; annual reports to

landowners; compensation of members of board; proviso.

Board of supervisors to keep record of pro­ceedings, etc.

Appointment of chief engineer; engineer's bond and duties.

Appointment and duties of treasurer of district; appointment of deputies; bond of treasurer; audit of books; disburse­ments by warrant; form of warrant.

Supervisors to employ attorney for dis­trict; duty of attorney.

Appointment and duties of superintendent of plant and operations and overseers.

Supervisors to fix compensation for work and employees.

Supervisors may remove officers and em­ployees.

Powers given supervisors to effect reclama­tion of land in district.

Supervisors given power to take land for right of ways, etc.; payment, etc.

Bridges to be built in compliance with plans approved by engineer, etc.; requir­ing construction of bridges; constructing ditches across highways, etc.

Type of bridges over drains in large counties.

298.26 Chief engineer to make annual reports to supervisors; approval of reports "plan of reclamation."

298.27 When plan insufficient, supervisors have power to make new plans; additional levy; may issue bonds; procedure.

298.28 Water courses to be connected with drain­age of district; connecting drains after completion of plan of drainage.

298.29 Levy of taxes; collection of taxes; super­visors may borrow money and issue ne­gotiable papers.

298.30 Appraisal of lands for right of ways, etc. 298.31 Clerk to notify commissioners of appoint­

ment; meeting of commissioners; duties of clerk; organization of commissioners.

298.32 Proceedings of commissioners; duties of district attorney and chief engillleer; assessment; change of plan; property assessable; compensation; assessment of lands outside district.

298.33 Form of notice of filing of commissioners' report; publication of notice.

298.34 Filing exceptions to report; hearing; de­termination by court, etc.

298.35 Powers of supervisors to carry out "the plan of reclamation"; engineer to be superintendent of works.

298.36 Assessing land for reclamation; apportion­ment of tax; lands belonging to state assessed; drainage tax record.

298.37 Board to levy amount of annual install­ments; certificate to collectors.

298.38 Collectors to collect drainage tax; bond of tax collector to supervisors.

298.39 When unpaid taxes delinquent; penalty. 298.40 Penalty for failure of collector to promptly

remit taxes collected; compensation of collector.

298.401 Tax assessors and collectors; compensation; characterization of services.

298.41 Taxes and costs a lien on land against which taxes levied; sub-drainage dis­tricts; form of certificate asserting lien.

298.42 Owners of land assessed for construction of canals, etc., may pay taxes in advance.

298.43 Drainage district bonds and obligations may be accepted in payment of drainage taxes, etc.

298.44 Payment of drainage taxes with bonds and matured interest coupons.

298.45 Drainage tax book evidence of matters con­tained; suits to enforce liens; sales of land; notice of suit; form; proceeds of sale.

298.46 Trial of suits; order of sale; time for re­demption; evidence and pleadings; bid­ding in land for district; provi5ios, etc.

298.47 298.48

Supervisors may issue bonds. Sale of bonds and disposition of proceeds.

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Ch. 298 GENERAL DRAINAGE

298.49 298.50 298.51 298.52 298.53

298.54 298.55

298.56

298.57

298.58

298.59

298.60

298.61

298.62

298.63

Interest upon matured bonds, etc. Levy of tax to pay bonds, sinking fund. Defaults, receivership for district, etc. Refunding and extending bonds. Valuations in connection with ad valorum

tax to pay bonds; power of courts; serv­ice of process.

Maintenance tax. Readjustment of assessment of benefits·

petition; notice; hearing; determination; readjustment not oftener than once in five years.

Bonds issued secured by lien on lands bene­fited; assessment and collection of taxes may be enforced.

Land owner in district may construct drains across land of intervening land owner; proceedings.

Board of supervisors authorired to pay dues to Florida drainage association.

Supervisors authorized to obtain consent of United States.

Unpaid warrants issued by district to draw interest.

Sureties on bonds may be bonding com­pany; payable to district; provisions, etc.

Lands may be acquired for right of ways and other purposes.

Bonds to secure loans from secretary of interior.

298.01 Formation of drainage district.­The board of drainage commissioners of this state, or a majority of the owners, or the own­ers of a majority of the acreage of any con­tiguous body of wet or overflowed lands or lands subject to overflow, situate in one or more counties in this state, may form a drain­age district for the purpose of having such lands reclaimed and protected from the effects of water, for sanitary or agricultural purposes, or when the same may be conducive to the public health, convenience or welfare, or of public utility or benefit, by drainage or other­wise; and for that purpose the said board of drainage commissioners, or a majority of the owners, or the owners of a majority of the acreage of said lands may make and sign a

298.64

298.65

298.66

298.67

298.68 298.69 298.70

298.71

298.72

298.73

298.74 298.75 298.76 298.77

298.78 298.79 298.80

298.81

Dredging and cleaning drainage canals and ditches; use of state convicts.

Auditing of drainage district records by state auditing department; powers of auditors; penalties.

Obstruction of drainage canals, etc., pro­hibited; damages; penalties.

Redemption of certain drainage tax cer-tificates; duty of clerk circuit court.

The word "owner" defined. Board of drainage commissioners. Board of drainage commissioners author­

ized to borrow money. Board of drainage commissioners may is­

sue notes; suit by holder; judgment. Board of drainage commissioners may use

proceeds of drainage tax to pay loans, etc. Matured written obligations receivable in

payment of taxes. Drainage of lakes. Foreclosure of drainage tax liens. Special or local legislation; effect, etc. Assessments; readjustment, procedure, no-

tice, hearings, etc. Lien; release. Pending suits unaffected. Drainage districts; foreclosures by; amount

of bid at foreclosure sale. Drainage liens; foreclosures; period for re­

demption.

so formed into a drainage district, and to drain and protect the same from the effects of water; the petition shall contain a prayer, asking that the lands de&cribed therein be declared a drainage district under provisions of this chapter; the petition may be signed by the board of drainage commissioners, or by a ma­jority of the owners, or the owners of a ma­jority of the acreage of said lands, or same may be signed by both commissioners and owners of lands. After the petition has been so signed, the same shall be filed in the office of the clerk of the circuit court of the county in which such lands, or the greater part thereof, are situate.

Hlstory.-§1, ch. 6458, 1918; RGS 1098; CGL 1451; am. §7, ch. 22858, 1945. cf.-Chapter 378, Flood control districts.

petition, in which shall be stated the name of 298.02 Notice of application to form drain­the proposed drainage district and the num- age district.-Immediately after the petition ber of years the same is to continue; the boun- shall have been filed, the clerk in whose office dary line of the proposed drainage district; the same has been filed, shall give notice by the names so far as known, and the last known causing publication to be made once a week post office address of the owners of lands or for four consecutive weeks in some newspaper other property in said district, together with published in each county in which lands and a general description of the lands and the ap- other property described in the petition are proximate number of acres owned by each; situate, and said notice shall be substantially when the name or post office address of the in the following form. owner of any of said lands or other property is Notice of Application to Form a Drainage unknown this fact shall be set out in said pe- District tition; the petition shall further state that the owners of the lands within said district, whose Notice is hereby given to all persons inter-names are subscribed to said petition, are will- ested in the following described lands in ing to and do obligate and bind the lands owned ·············-----------------·--------------···· county, Florida, viz:

(Here describe the property as set out in the

tb~ tthetm situattehd itn the hp;ohposed dbrainage dis- petition) ··--···-··············-·············--·--------------- that a ric o pay e ax w IC may e assessed petition asking that the foregoing lands be

against their respective lands to pay the ex- formed into drainage district under chapter pense of organizing and of making and main- 298, of the Florida Statutes, has been filed in taining the improvements that may be neces- this office, and that the foregoing lands will sary to effect the reclamation of said lands, be affected by the formation of said drainage

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GENERAL DRAINAGE Ch. 298

district and rendered liable to taxation for the purpose of paying the expenses of organi­zation, and making and maintaining the im­provements that may be necessary to effect the reclamation of the lands included in such dis­trict, and you and each of you are hereby noti­fied to appear within the first return date occurring not less than twenty (20) days after the fina l notice has been published for four (4) weeks as required by said chapter, at the office of the clerk of the circuit court of -------------· -------------------------------------- county, and show cause, if any there be, why said drainage 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 the Circuit

Court of --------------- ----- --------------- County, Florida. The certificates of the clerk or the affidavit

of another, with a copy of said notice affixed, showing that said notice has been published as required by this chapter, shall be sufficient evidence of such fact.

The circuit court of the county in which the petition has been filed shall thereafter main­tain and have original and exclusive jurisdic­tion, coextensive with the boundaries and lim­its of said district, without regard to county lines, for all purposes of this chapter.

Htstory.-§2, ch. 6458, 1913; RGS 1099 ; CGL 1452. Am. §20, ch. 29737, 1955.

298.03 Objections to formation of district; hearing; decree incorporating district filed; decree filed in counties affected.-Any owner of lands in the proposed district, who may not have signed the petition, may appear, on or before the return date stated in the notice, and advocate or resist the organization and incor­poration of said drainage district; if he shall desire to resist the establishment of the dis­trict, he shall file his objection in writing, stating therein his reasons why the said drain­age district should not be organized and incor­porated or why his lands or any part thereof should not be included therein, or he may deny the statements in said petition. Such ob­jections, if any there be, shall be heard by the court in a summary manner, without unneces­sary delay, on a day to be named by the court or judge thereof, upon application of the pe­titioners or any of those signing the said pe­tition. Upon the hearing, which may be ad­journed, from time to time, for good cause shown, of the said objections, if any have been filed, if the court shall be of the opinion that the establishment of the said drainage district and the improvements to be made thereunder will be for the advantage of the owners of the real property therein or that the same would be in the interest of the public health, con­venience or welfare, he shall overrule said ob­jections; 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 drainage district a public corporation of this state, for a term not exceeding the time mentioned in said petition; provided, that no drainage district shall be established or con­solidated under any provisions of this chapter until there shall have been first obtained the written approval or consent of the owner or owners of a majority in acreage of the lands within said district. If the court finds that the lands set out in said petition should not be incorporated into a drainage district, it shall dismiss said proceedings and adjudge the costs against the said petitioners in proportion to the acreage represented by each. Any person having signed the petition shall have no right to have such proceedings dismissed as to him without the written consent of the other own­ers of a majority in acreage who signed said petition. The petition may be amended as any other pleading. Immediately after the said dis­trict has been declared a corporation by the court, the clerk thereof shall transmit to the secretary of state a certified copy of the find­ings and decree of the court incorporating said district, and the same shall be filed in the office of the secretary of state. A copy of said finding and decree, together with a plat of the district, shall also be filed in the office of the clerk of the circuit court in each of the coun­ties having land in said district, where the same shall become a permanent record, and each such clerk shall receive a fee of one dol­lar for filing and preserving the same.

Hlstory.-§3, ch. 6458, 1913; RGS 1100; CGL 1453. Am. §35, ch. 29737, 1955.

298.04 Change of venue in proceedings un­der chapter.-No change of venue shall be al­lowed in any of the proceedings had under the provisions of this chapter, except where the judge of the court in which the petition has been filed shall be disqualified for any of the reasons stated in the statute of this state re­lating to the change of venue in civil cases. If the judge of such court is disqualified or is charged by any person interested in the for­mation of said district with being disquali­fied, for any of the reasons stated in the stat­utes, said judge shall call in a judge from some other judicial circuit of this state to sit and hear the proceedings and render his decree and judgment, the same as the regular judge could have. Such judge shall retain jurisdic­tion in such reclamation proceedings only un­til the disqualification of the regular judge of the circuit court shall have been removed. Said judge so called shall receive for his services mileage and compensation as now provided by law under similar conditions.

History.-§33, ch. 6458, 1913 ; RGS 1130; CGL 1485.

298.05 Revival of cause on death of party to any proceedings under chapter; constructive service on nonresidents.-N o action under this chapter shall abate by reason of the death or disability of any party to any proceeding, but upon suggestion of such death or disability the cause shall be immediately revived in the name of the heirs, devisees or their legal rep-

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Ch. 298 GENERAL DRAINAGE

resentatives, and summons shall be served on such heirs, devisees and legal representatives at least five days before the day set for hear­ing the cause; if the heirs, devisees or legal representatives of the deceased party are non­residents, notice by publication shall be given them in the manner and for the time provided for in §298.02, and the cause shall then pro­,ceed in all respects as in case of the original parties being in court.

Hiotory.-§34, cb, 6458, 1913; RGS 1131; CGL 1486. Am. §21, ch. 29737, 1955.

298.06 Dissolution of district in certain eases. - If, after determining the objections made to the commissioners' report, the court shall find that the estimated costs of works and improvements as reported by the board of commissioners, or as amended by the court, exceed the estimated benefits, the court shall then render its decree, declaring the incorpor­ation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of super­visors, shall have been paid, and if the uni­form tax levied under the provisions of §298.29 be found insufficient to pay all such costs the board of supervisors shall make such addition­al uniform t ax levies as will be necessary to pay such deficiency; provided, that in estimat­ing the cost of constructing the works and im­provements of the district the amount of in­terest that might accrue upon bonds that may be issued by the board of supervisors under the provisions of this chapter shall not be con­sidered as a part of the cost of construction.

Hlstory.-§36, ch. 6458, 1913; RGS 1133; CGL 1488.

298.07 Amending former decree incorporat­ing district; changing boundary lines and plan of reclamation; form of notice; objections, hearing and determination on petition.-The board of supervisors or the board of drainage commissioners, for and in behalf of any drain­age district organized under the provisions of this chapter, or the owners of land adjacent to such district, shall have the right to file a petition, in the office of the clerk of the court organizing said district, praying the court to amend its former decree incorporating the dis­trict, by correcting the names of the land­owners, by striking out any such names, by add­ing, striking out or correcting the description of any land within or alleged to be within the boundary lines of any such district, or in any other manner amend its decree; said petition may ask permission of the court to amend or change "the plan of reclamation," or to cor­rect any errors, omissions or other mistakes that have been discovered in "the plan of recla­mation"; or said petition may ask that the boundary lines of said district be extended so as to include lands not described by, and in­cluded in, the petition and decree of the court incorporating the district. If such petition asks the court's permission to change "the plan of reclamation," or that the boundary lines of such district be in any manner changed, it shall also ask the court to appoint three

commissioners, as provided for under the nro­visions of §298.30, to appraise the land that shall be taken for right of ways, holding basins, or other work, or assess the benefits and dam­ages to any or all lands, public highways, rail­road and other property already in the district. or that may be annexed to the district by the proposed amendments, and changes to "the plan of reclamation" or the proposed change in the boundary lines of said district. As soon as said petition shall have been filed, the clerk of the court shall give notice in the manner and for the time provided for in §298.02, said notice to be substantially in the following form:

"Notice of Drainage Hearing To the owners and all persons interested in

the lands corporate, and other property in ana adjacent to ________________________ drainage district:

You, and each of you, are hereby notified that ---- -· ·----- _______ --------- (here state by whom petition was filed), has filed in the office of the circuit court of __ __ ________________ __ _____ county, Florida, a petition praying said court for permission to _______ __ ______ ____ _ (here insert the prayer of said petition), and unless you show cause to the contrary on or before the r eturn date of the circuit court of said county, after the publication of this no­tice as required by law, the prayer of said Qetition may be granted.

Date of first publication ________ day of ________________ , 19 ______ _ Clerk of Circuit Court of ________________________ County."

Any owner of land or other property located in the district, or any owner of land or prop­erty located outside of the district that will be affected by the proposed changes, amend­ments, and corrections enumerated in the pe­tition, shall have the right to file objection to the granting of the prayer of said petition on or before the return date of the court in which the petition is to be heard, occurring not less than ten days after publication of said notice. The court shall hear said petition and all objections that may have been filed against said petition in a summary manner on a day to be named by said court, or the judge thereof, upon application of any party interested and enter its decree according to its findings. The clerk of said court shall, within ten days after the granting of such decree, transmit a certi­fied copy of the petition to the secretary of the board of supervisors and also shall trans­mit a copy of the same to each of the clerks of the circuit courts of the counties having land in the district and to the secretary of state. Each such clerk shall file and preserve the same in his office, and for such filing and pre­serving he shall receive a fee of one dollar. If said decree of the court provides that "the plan of reclamation," may be amended, changed or corrected or the boundary lines of the dis­trict extended, the court shall appoint three commissioners, possessing the same qualifica­tions as the commissioners appointed under the provisions of §298.30, to appraise property to be taken, assess benefits and damages and estimate the cost of improvements, the same as

1238

GENERAL DRAINAGE Ch. 298

is required of commissioners acting under the provisions of §298.32. Said commissioners shall make their report in writing and file the same with the circuit court clerk, after which the eame shall proceed in the same manner as is now provided for the organization of drainage districts; provided, that if the petition be dis­missed the district shall pay the cost, but if the petition be sustained, in whole or in part, the objectors shall pay the court costs incur­red by reason of such objections.

Hlstory.-§39, ch. 6458, 1913; RGS 1136; CGL 1491. Am. §2, ch. 29737, 1955.

298.08 Adjacent districts may be consoli­dated; elections; petition to court; notice; ob­jections, hearing and decree.-Any two or more adjacent districts, established under this chapter, whether incorporated in the same or different counties, may be united and consoli­dated in one district, and such new district and the board of supervisors thereof shall have the rights, powers and privileges of any dis­trict organized under this chapter. In order to effect such consolidation, the board of su­pervisors of each of the original districts shall call an election in the same manner as elections for supervisors, stating the time, place and ob­ject of such election. If the owners of a ma­jority of the J?.<:reage voting in each district vote in favor of the proposition to unite and consolidate such districts, the board of super­visors of each district shall present a petition to the circuit court o,f the county in which the greatest amount of the lands is located, accom­panied with a complete return of said election, in which petition shall be stated the names of the original districts, when incorporated, the names of the owners of the lands and the boun­daries of the districts. When said petition has been filed, the clerk of said circuit court shall give notice of such filing in the manner pro­vided for giving notice in §298.02, said notice to state substantially the contents of said peti­tion and the objects sought and the term of court at which said matter is to be heard. Any person owning land in either of said districts, on or before the first day of said court, may file objections to the regularity or sufficiency of any of the proceedings had in the premises, and if such objections are overruled, or if no objections are made, the court shall make an order that any two or more of the several dis­tricts so asking to be united shall be united and consolidated as one district, under some appropriate designation, with all the rights, powers and privileges of such districts organ­ized under this chapter; the lands so included in the new district shall be subject to all lien, liabilities and obligations of the original dis­tricts, and a new board of supervisors shall be elected, as is now provided in case of elec­tion of supervisors; all orders made in regard to extension of time, boundaries or uniting districts shall be spread on the records of the circuit court, and a certified copy thereof shall be filed with the clerk of the circuit court of each county in which any of such lands is lo­cated, and also with the secretary of state, and

said clerk shall receive a fee of one dollar for filing and preserving such certificates.

Hlstory.-§44, ch. 6468, 1913; RGS 1141; CGL 1498.

298.09 Extending corporate life of drainage district; meeting of landowners; petition to court; proceedings, etc.-Whenever the board of supervisors of any district organized under this chapter finds, that in order to either raise funds to complete "the plan of reclamation," pay for works already completed, pay honda outstanding and interest thereon, or interest on the same, restore any works or construct new works, or for any other cause the time for which any such drainage district has been in­corporated should be extended, such board shall call a meeting of landowners of the dis­trict, in the same manner as is provided for in §298.11 ; the notice shall state the time, place and purpose of such meeting; if the vote of the owners of the majority of acres represented at said meeting be cast in favor of such ex­tension of the district's corporate existence, a petition will be presented to the court organ­izing the district, asking for such extension of time. Such meeting shall be conducted in the same manner as is provided in §298.11 for the election of supervisors, except that one mem­ber of the board of supervisors shall act as chairman of such meeting and the secretary of the board, or his deputy, shall act as clerk; and, if a majority of the acreage represented at such meeting shall vote in favor of such ex­tension, the board of supervisors shall. not less than ten days before the next term of the cir­cuit court, file a petition with the clerk of said court, praying for the extension of the corporate existence of the district: and after the filing of such petition the same proceed­ings shall be had as is provided for in this chap­ter for the incorporation of the district. If such petition be granted by the court, within ten days thereafter, the said clerk shall transmit a copy of the decree to the secretary of the board of supervisors, a copy of the same to the secre­tary of state and to the clerk of the circuit court of each county having land in the district, who shall file and preserve the same in his office, and for such service he shall receive a fee of one dollar. In case the court should find that such extension should not be allowed, said pe­tition shall be dismissed and the cost incurred in the case be paid by the district.

Hlstory.-§46, ch. 6458, 1913; RGS 1142; CGL 1499.

298.10 Appeal not to act as supersedeas.­No appeal from any action of the circuit court had under this chapter shall be permitted to act as supersedeas or to delay any action or the prosecution of any work begun under the provisions of this law.

Hlstory.-§35, ch. 6548, 1913; RGS 1132; CGL 1487.

298.11 Election of board of supervisors; drainage commissioners to represent state at election; if no election held, drainage commis­sioners to appoint supervisors, etc.-Within twenty days after any drainage district shall

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Ch. 298 GENERAL DRAINAGE

have been organized and incorporated under the provisions of this chapter, the clerk of the circuit court in which the petition has been filed shall, upon giving notice by causing pub­lication thereof to be made once a week for two consecutive weeks in some newspaper pub­lished in each county in which lands of the -district are situate, the last insertion to be not less than ten nor more than fifteen days before the day of such meeting, call a meeting <>f the owners of the lands situate in said dis­trict, at a day and hour specified, as some pub­lic place in the county in which the district was organized, for the purpose of electing a board of three supervisors, to be composed of owners of the lands in said district, two of whom at least shall be residents of the county or counties in which such district is situate, or some adjoining county; the land owners, when assembled, shall organize by the election of a chairman and secretary of the meeting, who shall conduct the election; at such election each and every acre of land in the district shall represent one share, and each owner shall be entitled to one vote in person or by proxy in writing duly signed, for every acre of land owned by him in such district, and the three persons receiving the highest number of votes shall be declared elected as supervis­ors; and said land owners shall at such elec­tion determine the length of the terms of of­fice of each supervisor so elected by them, which shall be respectively one, two and three years, and they shall serve until their succes­sors shall have been elected and qualified.

the said board foT dishonesty, incompetency or failure to perform the duties imposed upon him by this chapter, and any vacancies· which may occur in any such office so filled by ap­pointment shall be filled by the said board as soon as practicable.

Hlstory.-§4, ch. 6458, 1913; RGS 1101; CGL 1454.

298.12 Annual election of supervisors; term of office, etc.-Every year in the same month after the time for the election of the first board of supervisors, they shall call a meet­ing of the landowners in the distriet in the same manner as is provided for in §298.11, and the owners of land in such district shall meet at the stated time and place and elect one supervisor therefor, or in case of their failure to elect, the board of drainage commissioners shall appoint such supervisor, in like manner as prescribed in §298.11, who shall hold his office for three years or until his successor is elected and qualified; and in case of a vacancy in any office of supervisor elected by the land­owners, the remaining supervisors, or if they fail to act within thirty days, the board of drainage commissioners of this state, may fill such vacancy until the next annual meeting, when a successor shall be elected for the un­expired term.

Hlstory.-§5, ch. 6458, 1913; RGS 1102; CGL 1455.

298.13 Supervisor's oath of office. - Each supervisor, before entering upon his official duties, shall take and subscribe to an oath before some officer authorized by law to ad­minister oaths, that he will honestly, faithfully and impartially perform the duties devolving upon him in office, as supervisor of the drain­age district in which he was elected or ap­pointed, and that he will not neglect any of the duties imposed upon him by this chapter.

Hlstory.-§6, ch. 6458, 1913; RGS 1103 ; CGL 1456.

The board of drainage commissioners of this state, at any such meeting, may represent the state, and shall have the right to vote for supervisors, or upon any matter that may come properly before said meeting to the extent of the acreage owned by the state in such district, which vote may be cast by any person designated by said board of drainage 298.14 Organization of board; annual re­commissioners; guardians may represent their ports to landowners; compensation of members wards, executors and administrators may rep- of board; proviso.-The board of supervisors, resent estates of deceased persons, and private immediately after their election or appoint­corporations may be represented by their offi- ment, shall meet at some convenient place and cers or duly authorized agents; provided, how- choose one of their number president of the ever, that the owners of a majority of the acre- board, and elect some suitable person secre­age included in such district shall be necessary tary, who may or may not be a member of the to constitute a quorum for the purpose of hold- board, and who may be required to execute ing such election, or any election thereafter, bond for the faithful performance of his duties, and in case the owners of a majority of the as the board of supervisors may require. Such acreage included in such district are not pres- board shall adopt a seal with a suitable device, ent in person or duly represented, at the time and shall keep a record of all of its proceed­and the place stated in the notice calling such ings in a substantially bound book to be kept meeting, then no election shall be held, and for the purpose, which shall be open to in­notice of such failure shall be given in writ- spection by any interested person, his agent ing by any person interested to the board of or attorney. The board of supervisors shall drainage commissioners of this state, which report to the landowners, at the annual meet­shall as soon as practicable appoint three com- ing held under the provisions of §298.12, of petent persons who own land in such district what work has been done, either by engineers as such supervisors for the term of one, two or otherwise. The members of the board shall and three years respectively, and who shall receive their actual expenses incurred in at­hold their office until their successors are tending the meetings of the board, and for at­elected or appointed and qualified. Any such tending any business for and on behalf of said supervisor so appointed by the said board of district, which expense account shall be audited drainage commissioners may be removed by by the board before payment; but said board

1240

GENERAL DRAINAGE Ch. 298

shall receive no compensation for their service unless the landowners at the annual meeting shall determine to pay a compensation, which in no event shall exceed five dollars per day for the time actually engaged in work for the district, and five cents per mile for miles, not to exceed one hundred miles, actually traveled; mileage, if allowed, shall in no case exceed one hundred miles, and shall be in lieu of all other expenses in attending sessions of the board; provided, however, that if the secretary be a member of the board he shall be entitled to compensation as provided in this chapter.

Hlstory.-§7, ch. 6458, 1913; RGS 1104; CGL 1457.

298.15 Board of supervisors to keep record of proceedings, etc.-The board of supervisors of any district organized under this chapter shall cause to be kept a well-bound book, en-titled "record of board of supervisors of __________ _ district," in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees and any and all corpo­rate acts, which record shall at all times be open to the inspection of any one interested, whether tax payer or bond holder.

History.-§28, ch. 6458, 1913; RGS 1125; CGL 1478.

298.16 Appointment of chief engineer; en­gineer's bond and duties.-Within thirty days after organizing, the board of supervisors shall appoint a chief engineer, who may be an individual, copartnership or corporation, and who shall engage such assistants as the board of supervisors may approve. Such chief engineer shall enter into a bond with good surety, in a sum to be named by said board, and which bond and surety shall be approved by said board, conditioned that he will faith­fully and honestly perform all the duties re­quired of him by said supervisors, and deliver to his successor all instruments, papers, maps, documents and other things that may have come into his hands by virtue of his employ­ment. The chief engineer shall have control of the engineering work in said district, and he may, whenever he deems it necessary, con­fer with the chief engineer of this state, or the board of drainage commissioners, and he may, by and with the consent of the board of supervisors, consult any eminent engineer and obtain his opinion and advice concerning the reclamation of lands in said districts. The said engineer shall make all necessary sur­veys of the lands within the boundary lines of said district, as described in the petition, and of all lands adjacent thereto that will be improved or reclaimed in part or in whole by any system of drainage that may be out­lined and adopted; and said engineer shall make a report in writing to the board of super­visors, with maps and profiles of said surveys, which report shall contain a full and com­plete plan for draining and reclaiming the lands described in the petition, or adjacent thereto, from overflow or damage by water, with the length, width and depth of such canals, ditches, dikes or levees, or other works that may be necessary, in conjunction with

any canals, drains, ditches, dikes, levees or other works heretofore constructed or buil~ by the trustees of the internal improvement fund, or any other person, that· may now be in process of construction, or which may be hereafter built by them, that may be necessary or which can be advantageously used in such plan for reclamation; and also, an estimate of the costs of carrying out and completing the plan of reclamation, including the cost of superintending the same and all incidental expenses in connection therewith; said maps and profiles shall also indicate so far as neces­sary the physical characteristics of the lands, and location of any public roads, railroads and other right of ways, roadways and other prop­erty or improvements located on such lands.

Hlstory.-§8, ch. 6458, 1913; RGS 1105; CGL 1458.

298.17 Appointment and duties of treasurer of district; appointment of deputies; bond o( treasurer; audit of books; disbursements by warrant; form of warrant.- The board of supervisors in any drainage district shall se­lect and appoint some competent person, bank or trust company, organized under the laws of the state, as treasurer of such district, who shall receive and receipt for all the drain­age taxes collected by the county collector or collectors, and he shall also receive and re­ceipt for the proceeds of all tax sales made under the provisions of this chapter. Said treasurer shall receive such compensation as may be fixed by the board of supervisors. Said board of supervisors shall also have the authority to employ a fiscal agent, who shall be either a resident of the state or some corpora­tion organized under the laws of Florida and authorized by such laws to act as such fiscal agent for municipal corporations, who shall assist in the keeping of the tax books, col­lections of taxes, the remitting of funds to pay maturing bonds and coupons, and perform such other service in the general management of the fiscal and clerical affairs of the district as may be determined by such board; and said board shall have the right to define the duties of such fiscal agent and fix its compensation. Said board of supervisors shall furnish the secretary and the treasurer with necessary office room, furniture , stationery, maps, plats, typewriter and postage. The secretary and the treasurer, or either of them, may appoint, by and with the advice and consent of the board of supervisors, one or more deputies as may be necessary. Said treasurer shall give bond in such amount as shall be fixed by the board of supervisors, conditioned that he will well and truly account for and pay out, as provided by law, all moneys received by him as taxes from the county collector, and the proceeds from tax sales for delinqtJ.ent taxes, and from any other source whatever on account or claim of said district, which bond shall be signed by at least two sureties, or by some surety or bonding company, approved and accepted by said board of supervisors, and said bond shall be in addition to the bond for proceeds of sales

1241

Ch. 298 GENERAL DRAINAGE

of bonds, which is required by §298.47. Said bond shall be placed and remain in the custody of the president of the board of supervisors, and shall be kept separate from all papers in the custody of the secretary or treasurer. Said treasurer shall keep all funds received by him from any source whatever deposited at all times in some bank, banks or trust com­pany to be designated by the board of super­visors. All interest accruing on such funds shall, when paid, be credited to the district. The board of supervisors shall audit or have audited the books of the said treasurer of said district at least once each year and make a repor t thereof to the landowners at the an­nual meeting and publish a statement within thirty days thereafter, showing the amount of money received, the amount paid out during such year, and the amount in the treasury at the beginning and end of the year. The afore­said treasurer of the district shall pay out funds of the district only on warrants issued by the district, said warrants to be signed by the president of the board of supervisors and attested by the signature of the secretary. All warrants shall be in the following form: $--------- Fund ____________ No. of Warrant ---------Treasurer of _____________ Drainage District, State

of Florida. Pay to ------------------- -- ------------------------ ------- Dollars out of the money in -------------------------------- fund _________ of drainage district. For - -----------

By order of board of supervisors of - -- -­Drainage District, Florida.

President of District. Attest:

Secretary of District. Hhtory.-§25, ch. 6458, 1913; RGS 1122; §1, ch. 9129, 1923;

CGL 1476.

298.18 Supervisors to employ attorney for district; duty of attomey.-The board of super­visors within thirty days after organizing shall employ an attorney to act for the district and to advise said board. Such employment shall be evidenced by an agreement in writing, which, as far as possible, shall specify the exact amount to be paid to said attorney for all services and expenses. Such attorney shall conduct all legal proceedings and suits in court where the district is a party or interested, and shall in all legal matters advise the said board of supervisors, all officers, employees or agents of said district and board, and generally look after and attend to all matters of a legal nature for said board and district. When the said board may deem it necessary, it may, by and with the advice of said attorney, and under the like terms and conditions as above set forth, employ another attorney.

Hlstory.-§27, ch. 6458, 1913; RGS 1124; CGL 1477.

298.19 Appointment and duties of superin­tendent of plant and operations and overseers. -For the purpose of preserving any ditch, drain, dike, levee or other work constructed or

erected under the prov1s1ons of this chapter and for the taking care and the operation of the equipment owned by said district and the maintenance of the canals and other works of said district, including the removal of obstruc­tions from the same, and such other duties as may be prescribed by said board, the board of supervisors may employ a superintendent of plant and operations who shall have charge and supervision of the works of the district after the construction of the same, and said board also may employ or appoint an overseer or overseers who shall hold their positions at the will of the board, and who shall assist said superintendent in the performance of the work aforesaid. cJI£s~4~:-§40, ch. 6468, 1913 ; RGS 1137; §1, ch. 9129, 1923;

298.20 Supervisors to fix compensation for work and employees.- The board of super­visors, except where otherwise provided, shall, by resolution, at time of hiring or appointing, provide for the compensation for work done and necessary expense incurred by any officer, engineer, attorney or other employee and shall also pay the fees, per diem and necessary ex­penses of all court and county officers who may, by virtue of this chapter, render service to said district. It is understood that the ordinary fee statute does not apply to services rendered under this chapter by any county officer, but each such officer shall receive only a reasonable compensation for services actu­ally rendered, the same to be fixed by the court in which the proceeding is pending, except where otherwise provided in this chapter, that said drainage districts or petitioners for such corporations may prepare, write or print all copies of petitions, writs, orders and decrees or other papers, and furnish same to the clerk or other officer for his use, and in such event said officer shall be entitled to receive as compensation for issuing the said writs and copies of petitions, decrees, orders or other papers, only the reasonable value of the services actually rendered.

Hlstory.-§37, ch. 6468, 1913; RGS 1184; CGL 1489.

298.21 Supervisors may remove officers and employees.-The board of supervisors may at any time remove any officer, attorney, chief en­gineer or other employee appointed or em­ployed by said board.

Hlatory.-§47, ch. 6458, 1913; RGS 1144; CGL 1501.

298.22 Powers given supervisors to effect reclamation of land in district.-In order to effect the drainage, protection and reclamation of the land in the district subject to tax, the board of supervisors may clean out, straighten, open up, widen, or change the course and flow, alter or deepen any canal, ditch, drain, river, water-course, or natural stream; and concen­trate, divert or divide the flow of water in or out of said district; construct and maintain main and lateral ditches, canals, levees, dikes, darns, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and syphons, and may connect same. or any of them,

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GENERAL DRAINAGE Ch. 29S

with any canals, drains, ditches, levees or other works that may have been heretofore, or which may be hereafter constructed by the trustees of the internal improvement fund or the board of drainage commissioners of the state, and with any natural stream, lake or water-course in or adjacent to said district, build and con­struct any other works and improvements deemed necessary to preserve and maintain the works in or out of said district; acquire, con­struct, operate, maintain, use, sell, convey, transfer or otherwise provide for pumping sta­tions, including pumping machinery, motive equipment, electric lines and all appurtenant or auxiliary machines, devices or equipment; contract for the purchase, construction, opera­tion, maintenance, use, sale, conveyance and transfer of the said pumping stations, ma­chinery, motive equipment, electric lines and appurtenant equipment, including the purchase of electric power and energy for the operation of the same; construct or enlarge, or cause to be constructed or enlarged, any and all bridges that may be needed in or out of said district, across any drain, ditch, canal, flood­way, holding basin, excavation, public highway, railroad right of way, track, grade, fill or cut; construct roadways over levees and embank­ments; construct any and all of said works and improvements across, through or over any pub­lic highway, railroad right of way, track, grade, fill or cut, in or out of said district; remove any fence, building or other improvements, in or out of said district; and shall have the right to hold, control and acquire by donation or purchase and if need be, condemn any land, easement, railroad right of way, sluice, reser­voir, holding basin or franchise, in or out of said district, for right of way, holding basin for any of the purposes herein provided, or for material to be used in constructing and main­taining said works and improvements for drainage, protecting and reclaiming the lands in said district. Said board of supervisors also may develop, hold and control all water power created by the construction of works of said district, and may construct and maintain hydro-electric power plants for the purpose of developing such power for the use of said dis­trict, use any funds in the treasury of said district not otherwise appropriated for the construction and maintenance of such power plants; and the said board of supervisors may lease any surplus power in excess of that re­quired for the uses of said district, and the proceeds of such leases shall be paid into the treasury of said district. Said board also may condemn or acquire, by purchase or grant, for the use of the district, any land or property within or without said district not acquired or condemned by the court on the report of the commissioners assessing benefits and damages, and shall follow the procedure set out in chapter 73.

Hlatory.-§26, ch. 6458, 1913; §1, ch. 7897, 1919; RGS 1123; CGL 1476: §1, ch. 14714, 1931.

298.23 Supervisors given power to take land for right of ways, etc.; payment, etc.- The

board of supervisors of drainage districts or­ganized under this chapter shall not have the right to enter upon, or appropriate, any land for right of ways, holding basins or other works of the districts, until the prices awarded to the owners of such land shall have been paid to such owners, or into the hands of the clerks of the circuit courts organizing such districts for the use of such owners; and if the sums awarded be not so paid within five years from the date of filing the commissioner's reports, all proceedings as to the taking of such property for right of ways, holding basins and other works, not so paid for, shall abate at the cost of said district. Whenever any land is acquired by any district under the provisions of this chapter and the price of such property has been paid the owner by the district, the title, use, possession and enjoyment of such property shall pass from the owner and be vested in the district, and subject to its use, profit, employment and final disposition. The price awarded for all lands acquired by any district for right of ways, holding basins, or other works, and the amount of damage as­sessed by the board of commissioners and con­firmed by the court to any tract or parcel of land or other property in the district, shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner, and that portion of any tract or parcel of land not taken for use of the district shall be as­sessed for the benefits accruing in accordance with the provisions in this chapter.

History.-§29, ch. 6458, 1913; RGS 1126; CGL 1479.

298.24 Bridges to be built in compliance with plans approved by engineer, etc.; re­quiring construction of bridges; constructing ditches across highways, etc.-All bridges con­templated by this chapter and all enlargements of bridges already in existence shall be built and enlarged according to and in compliance with the plans, specifications and orders made or approved by the chief engineer of the dis­trict. If any such bridge shall belong to any corporation, or be needed over a public high­way or right of way of any corporation, the secretary of said board of supervisors shall give such corporation notice by delivering to its agent or officer, in any county wherein said district is situate, a copy of the order of the board of supervisors of said district declaring the necessity for the construction or enlarge­ment of said bridge. A failure to construct or enlarge such bridge, within the time specified in such order, shall be taken as a refusal to do said work by said corporation, and thereupon the said board of supervisors shall proceed to let the work of constructing or enlarging the same at the expense of the corporation for the cost thereof, which costs shall be collected by said board of supervisors from said corpor~ tion, by suit therefor, if necessary. But before said board of supervisors shall let such work, it shall give some agent or officer of said cor­poration, authorized by the laws of this state to accept service of summons, or upon whom service of summons for said corporation might

1243

Ch. 298 GENERAL DRAINAGE

be made, at least twenty days' actual notice of the time and place of letting such work. Any owner of land, within or without the dis­trict, may, at his own expense, and in com­pliance with the terms and provisions of this chapter, construct a bridge across any drain, ditch, canal or excavation in or out of said district. All drainage districts shall have full authority to construct and maintain any ditch or lateral provided in its "plan of reclamation," across any of the public highways of this state, without proceedings for the condemnation of the same, or being liabl e for damages therefor. Within ten days after a dredge boat or any other excavating machine shall have completed a ditch across any public highway, a bridge shall be constructed and maintained over such drainage ditch where the same crosses such highway; provided, however, the word cor­poration as used in this section shall not apply to counties.

Hlstory.-§30, ch. 6458, 1913; RGS 1127; CGL 1480.

298.25 Type of bridges over drains in large counties.-Whenever any drainage district cuts or digs a drain, canal or ditch across any pub­lic highway, in counties having a population of not less than one hundred thirty thousand, ac­cording to the last preceding state census, the style, type and character of such bridge shall be determined by the engineer of the county and the chief engineer of the drainage district, and approved by a majority of the board of county commissioners as soon as the plan of reclamation, locating such canals, drains or ditches, is filed in the office of the clerk of the circuit court of the county or counties in which the lands within the drainage district are lo­cated; and the cost of the same, as estimated by the chief engineer of the drainage district, shall be included by the commissioners of the drain­age districts in the assessment for the con­struction of the plan of reclamation.

Hhtory.-§§1, 2, qh. 11344, 1925; CGL 1481, 1482.

298.26 Chief engineer to make annual reports to supervisors; approval of reports "plan of reclamation."-The chief engineer shall make a report in writing to the board of supervisors once every twelve months, and oftener if said board shall so require. Upon receipt of the final report of said engineer, concerning the surveys made of the lands contained in the district organized and the lands adjacent thereto and for reclaiming the same, the board of super­visors shall adopt such report, or any modifi­cation thereof, approved by the chief engineer, after consulting with him or some one rep­resenting him; and thereafter such adopted report shall be the plan for draining or re­claiming such lands from overflow or damage by water, and it shall, after such adoption be known and designated as "the plan of reclama­

tion " which plan shall be filed with the secre­tary of the board of supervisors and by him copied into the records of the district.

Hlotory.-§9, ch. 6458, 1913; RGS 1106; CGL 1459.

298.27 When plan insufficient, supervisors have power to make new plans; additional levy;

may issue bonds; procedure.-Where-1.he_Forks set out in "the plan of recTamation" of any drainage district is found insufficient to re­claim, in whole or in part, any or all of the lands of the district, the board of supervisors shall have the right to formulate new or amended plans, containing new canals, ditches, levees or other works, and additional assess­ments may be made in conformity with the provisions of §298.32, the same to be made in proportion to the increased benefits accruing to the lands because of the additional works. If it should be found at any time that the amount of total tax levied under the provisions of §298.36, or that the funds derived from the sale of bonds under the provisions of §§298.47-298.50, are insufficient to pay the cost of works set out in "the plan of reclamation," the board of supervisors may make an addi­tional levy to provide funds to complete the work and, in addition thereto, ten per cent of said total amount for emergencies; and, if in their judgment it seems best, may issue bonds not to exceed the amount of said additional levy. If it should be found, at any time, that the plan of reclamation as adopted requires modification by widening, lowering or deepen­ing the canals or ditches, or widening or rais­ing the levees, or enlarging or improving the other works authorized by the plan of reclama­tion, or the construction of additional canals, ditches or levees, and that the amount of the total tax levied under the provisions of §298.36, or that the funds derived from the sale of bonds under the provisions of §§298.47-298.50, are not sufficient to carry out the plan of recla­mation with such modification, the board of supervisors may file its petition in the office of the clerk of the court organizing said dis­trict, praying the court's permission to change the plan of reclamation and asking the court to appoint three commissioners, as provided for under the provisions of §298.30, to appraise the land that shall be taken for such enlarged or improved works and assess the benefits and damages to any or all lands, public highways, railroads or other property in the district by the proposed amendments and changes to the plan of reclamation. Notice of the filing of such petition shall be given, and a hearing shall be held, and commissioners shall be appointed in the same manner as provided in §298.07, possessing the same qualifications as commis­sioners appointed under the provisions of §298.30; who shall appraise the property to be taken, assess benefits and damages and es­timate the cost of improvement; and who shall proceed in the manner provided in §298.32; provided, however, that said commissioners may, in a proper case, confirm any previous assessment made under the provisions of this chapter. Said commissioners shall make re­port in writing, and file the same with the circuit court clerk, after which the same shall be proceeded with in the same manner as is now provided for in the case of an original incorporation and assessment.

After the lists of lands with the asl!essed

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GENERAL DRAINAGE Ch. 298

benefits and the decree and judgment of court have been filed in the office of the clerk of the circuit court, as provided in §298.34, then the board shall have power to levy an addi­tional tax of such portion of said benefits on all lands in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the increased cost of the completion of the proposed works and improvements, as shown in said "plan of reclamation," as amended, including the cost of superintending the same, and all incidental expenses in connection therewith; and, in addi­tion thereto, ten per cent of said total amount for emergencies; and, if in their judgment it seems best, may issue bonds not to exceed the amount of said additional levy. The additional taxes authorized to be levied under the pro­visions of this section shall be levied and col­lected in the same manner as taxes levied under the provisions of §298.36. Bonds issued under the provisions of this section shall draw interest at a rate not to exceed six per cent per annum, payable semiannually, and shall be made payable at such time and at such place as the board of supervisors may deter­mine. Any additional · tax authorized to be levied under the provisions of this section shall be apportioned to, and levied upon, each tract of land in said district in proportion to the benefits assessed and not in excess thereof, and in case bonds are issued as herein pro­vided, then the amount of the interest (as es­timated by said board of supervisors), which will accrue on such bonds, shall be included and added to the said additional leyy; but the interest to accrue on said bonds shall not be included as part of the cost of construction, in determining whether or not the expenses and costs of making the improvements shown in the plan of reclamation are equal to, or in excess of the benefits assessed.

Hlstory.-§46, ch. 6458, 1913; §1, ch. 7309, 1917; RGS 1143; CGL 1500.

298.28 Water courses to be connected with drainage of district; connecting drains after completion of plan of drainage.-At the time of the construction, in any district incorporated under this chapter, of "the plan of reclamation", all canals, ditches or systems of drainage al­ready constructed in said district and all water courses shall, if necessary to the drainage of any lands in said district, be connected with and made a part of the works and improve­ments of the plan of drainage of said district, but no canals, ditches, drains, or systems of drainage constructed in said district, after the completion of the aforesaid plan of drainage of said district, shall be connected therewith, unless the consent of the board of supervisors shall be first had and obtained; which consent shall be in writing and shall particularly de­scribe the method, terms and conditions of such connection, and shall be approved by the chief engineer. Said connection, if made, shall be in strict accord with the method, terms and conditions laid down in said consent. Jf the land owners wishing to make such connec-

tion are refused by the board of supervisors, or decline to accept the consent granted, the said land owners may file a petition for such con­nection in the circuit court having jurisdiction in said district, and the matter in dispute shall in a summary manner be decided by said court, which decision shall be final and binding on the district and land owners. No connection with the works or improvements of said plan of drainage of said district, or with any canal, ditch, drain or artificial drainage, wholly within said district, shall be made, caused or affected by any land owners, company or corporation, municipal or private, by means of, or with, any ditch, drain, cut, fill, roadbed, levee, embank­ment or artificial drainage, wholly without the limits of said district, unless such connection is consented to by the board of supervisors, or in the manner provided for in this chapter.

Hlstory,-§48, ch. 6458, 1913; RGS 1145; CGL 1502.

298.29 Levy of taxes; collection of taxes; supervisors may borrow money and issue negotiable papers.-The board of supervisors of any drainage district organized under the provisions of this chapter shall, as soon as they have organized. as provided under §298.14, leyy a uniform tax, of not exceed­ing fifty cents per acre, upon each acre of land within such drainage district, as de­fined in the petition and decree incorporating said district; to be used for the purpose of paying expenses incurred, or to be incurred, in organizing said district, making surveys of the same and assessing benefits and damages, and to pay other expenses necessarily incurred, as may be estimated by said board and chief engineer; before said board may, by provisions of this chapter, provide funds to pay the total costs of works and improvements of the dis­trict. In case the boundary lines of the district be extended, under the provisions of this chapter, so as to include lands not described and contained in the petition, the same uniform assessment shall be made on such other lands as soon as same shall have been annexed and included in the district. Such shall be due and payable as soon as assessed and become de­linquent ninety days thereafter. It shall be­come a lien upon the land against which it is assessed from the date of assessment, and shall be collected in the same manner as the annual installment of tax. In case the sum received for such assessment exceed the total cost of items for which the same has been levied the surplus shall be placed in the gen­eral fund of the district and used to pay cost of construction; provided, that if the corpora­tion of the district be dissolved, as provided in this chapter, the amount of surplus, if there be any, shall be prorated and refunded to the landowners paying such assessment; provided, that if it shall appear as necessary to obtain funds to pay any expense incurred or to be incurred, in organizing said district before a sufficient sum can be obtained by the collec­tion of said uniform tax, the board of super- ' visors · may -borrow a ·sufficient amount - of

1245

Ch. 298 GENERAL DRAINAGE

money to meet emergencies at a rate of interest not exceeding eight per cent per annum, and may issue negotiable notes or bonds therefor, signed by the members of the board, and may pledge any and all assessments made under the provisions of this section for the repay­ment thereof; provided, however, that §6 of Article IX of the constitution of Florida shall be complied with as to all bonds within its purview. Said board of supervisors may issue, to any person performing work or service, or furnishing anything of value in the organiza­tion of said district, negotiable evidence of debts, bearing interest at not exceeding six per cent. In the event any installment of taxes has been levied for the payment of any obli­gation of any district, or in the event of the levy of a maintenance tax, the board of super­visors may issue notes bearing a rate of in­terest not exceeding eight per cent per annum, which notes shall be payable out of said in­stallment of taxes or maintenance tax so levied, and shall not be in excess of seventy-five per cent of said levy or liens; the proceeds derived from such notes shall be used only for the purpose of meeting such maturing obligations of said district, or for any other purpose for which said installment and maintenance taxes have been levied.

Hl1tory.-110, ch. 6458, 1913; RGS 1107; 11, ch. 9129, 1923; CG~ 1460.

298.30 Appraisal of lands for right of ways, etc.-Within twenty days after the adop­tion of "the plan of reclamation," the secretary of the board of supervisors shall prepare and transmit a certified copy thereof to the clerk of the circuit court organizing said drainage district; and at the same time, a board of supervisors shall file with said clerk a pe­tition asking the judge of said court to appoint three commissioners to appraise the lands within and without said district to be acquired for rights-of-way, holding basins and other drainage works of the district, and to assess benefits and damages accruing to all lands in the district by reason of the execution of "the plan of reclamation." Immediately after the filing of such petition, the judge of said court shall, by an order, appoint three commissioners, who shall be freeholders residing within the state, and who shall not be landowners in said district, nor of kin within the fourth degree of consanguinity to any person owning land in said district. A majority of said commissioners shall constitute a quorum and shall control the action of the board on all questions.

Hlstor:r.-111, ch. 6458, 1913; RGS 1108; CGL 1461. Am. §22, ch. 29737, 1955.

298.31 Clerk to notify commissioners of ap­pointment; meeting of commissioners; duties of clerk; organization of commissioners.-The clerk of the circuit court, upon the filing of said order of appointment, shall notify each of said commissioners of his appointment by writ­ten or printed notice, and in the same he shall state the time and place for the first meeting of said commissioners; the secretary

of the board of supervisors, or his deputy, shall attend such meeting, and shall furnish to said commissioners a complete list of lands, de­scribed in the petition or adjacent thereto, that will be affected by carrying out and putting into effect "the plan of reclamation," and the names of the owners of such lands, as shown in the petition and the decree of the court incorporating the district. Said secretary shall also furnish to said commissioners a copy of "the plan of reclamation," with maps and profiles in his office. The commissioners at said meeting, or within ten days thereafter, shall each take and subscribe to an oath that they will faithfully and impartially discharge their duties as such commissioners and make a true report of the work done by them. The said com­missioners shall, also, at said meeting, elect one of their own number chairman, and the secre­tary of the board of supervisors, or his deputy, shall be ex officio secretary of said board of commissioners during their continuance in office.

Hlstor:r.-§12, ch. 6458, 1913; RGS 1109; CGL 1462.

298.32 Proceedings of commissioners; du­ties of district attorney and chief engineer; as­sessment; change of plan; property assessable; compensation; assessment of lands outside dis­trict.-Immediately after qualifying, as provid­ed in §298.31, the commissioners shall begin their duties; they may, at any time, call upon the attorney of the district for legal advice and information relative to their duties, and the chief engineer or one of his assistants shall accompany said commissioners when engaged in the discharge of their duties and shall ren­der his opinion in writing when called for. Said commissioners shall proceed to view the premises and determine the value of all lands, within or without the district, to be acquired and used for right of way, holding basins or other works set out in "the plan of reclama­tion;" they shall assess the amount of bene­fits, and the amount of damages also, if any, that will accrue to each governmental lot, for­ty-acre tract, or other subdivision of land (according to ownership), public highways, railroads and other right of ways, not trav­ersed by such works and improvements, from carrying out and putting into effect "the plan of reclamation" theretofore adopted. The com­missioners, in assessing the benefits to lands, public highways, railroad and other right of ways, not traversed by such works and improve­ments, as provided for in "the plan of reclama­tion," shall not consider what benefits will be derived by such property after other ditches, improvements or other plans for reclamation shall have been constructed, but they shall assess only such benefits as will be derived from the construction of the works and im­provements set out in "the plan of reclama­tion", or as the same may afford an outlet for drainage or protection from overflow of such property. The commissioners shall give due consideration and credit to any other canal, drain, ditch, dike, levee, or other systems of reclamation which may have already been eon-

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GENERAL DRAINAGE Ch. 298

structed and which affords partial or com· plete protection to any tract or parcel of land in the new district. The public highways, rail­roads and other right of ways, shall be as­sessed according to the increased physical ef­ficiency and decreased maintenance cost of roadways, by reason of the protection to be de­rived from the proposed works and improve­ments. The commissioners shall have no pow­er to change "the plan of reclamation" pro­vided for in this chapter. The board of com­missioners shall prepare a report of their find­ings, which shall be arranged in tabular form, the columns of which shall be headed as fol­lows: column one, "owner of property as­sessed"; column two, "description of property assessed"; column three, "number of acres as sessed"; column four, "amount of benefits as­sessed"; column five, "amount of damages as­sessed"; column six, "number of acres to be taken for right of ways, holding basins, etc."; column seven, "value of property to be taken." They shall also, by and with the advice of the engineer of the district, estimate the cost of the works set out in "the plan of reclamation," which estimate shall include the cost of prop­erty required for right of ways, holding basins and other works and damages, and the probable expense of organization and administration, as estimated by the board of supervisors, and shall tabulate the same. Said report shall be signed by at least a majority of the commis­sioners and filed in the office of the clerk of the circuit court organizing such drainage dis­trict. The secretary of the board of super­visors, or his deputy, shall accompany said com­missioners while engaged in their duties, and shall perform all clerical work for said board; he shall also, under the advice, supervision and direction of the attorney for the district, pre­pare their report. Said board of commission­ers shall report to the board of supervisors the number of days each has been employed and the actual expenses incurred. Each corn. missioner shall be paid five dollars per day for his services, and necessary expenses in addition thereto. In case the report of said commissioners shall contain assessments of benefits and damages to lands not included in the original petition as signed and filed, the board of supervisors shall file in the office of said clerk a petition praying that the court grant permission for the extension of the bound­ary lines of said district, so as to embrace all lands that will be benefited, as shown by the report of said commissioners, after such peti­tion has been filed, the same shall be proceed­ed with in accordance with the provisions of this chapter, governing the extension of bound­ary lines of districts.

Hlstor;or.-§18, ch. 6458, 1918; RGS 1110; CGL 1463.

298.33 Form of notice of filing of commis­sioners' report; publication of notice.-Upon the filing of the report of the commissioners, the clerk of said circuit court shall give no­tice thereof, by causing publication to be made once a week for two consecutive weeks in some

newspaper published in each county in the dis­trict, the last publication to be made at least ten days before a return date of said circuit court, to be named in such notice, on which exceptions may be filed. It shall not be necessary for the clerk to name the parties interested, but it shall be sufficient to say: "Notice of filing Commissioners' Report for

_________ Drainage District Notice is hereby given to all persons in­

terested in the following described land and property in ___________________ county (or counties), in the State of Florida, viz.: (Here describe land and property) included within " ______________ Drainage District" that the commissioners heretofore appointed to as­sess benefits and damages to the property and lands situate in said drainage district and to appraise the cash value of the land necessary to be taken for right of ways, holding basins and other works of said district, within or with­out the limits of said district, filed their re-port in this office on the _________ day of _____ , 19 ______ , and you and each of you are hereby no-tified that you may examine said report and file exception to all, or any part thereof, on or before the first Monday in ________ , 19 __ ,

First publication --------------------------• 19~

Clerk of the Circuit Court, __________________ County, Florida."

Provided, that where lands in different coun­ties are contained in said report, the said no­tice shall be published in some newspaper in each county in which such lands so affected are situate, and it shall not be necessary to publish a list of all said lands in each county, but only that part of same situated in the re­spective counties.

Hlstory.-§14, ch. 6458, 1913; ROS 1111; COL 1464; §2, ch. 29737, 1955.

298.34 Filing exceptions to report; hearing; determination by court, etc.-The board of drainage commissioners, the drainage district, or any owner of land or other property to be affected by said report, may file exception to any part, or all, of the report of said commis­sioners within the time specified in §298.33. All exceptions shall be heard and determined by the court in a summary manner so as to car­ry out liberally the purposes and needs of the district. If no exceptions are filed, or if it is shown, upon the hearing of all of said excep­tions, that the estimated cost of construction of improvements contemplated in the plan for reclamation is less than the benefits assessed against the lands in said district, the court shall approve and confirm said commissioners' report; but, if the court, upon hearing the ob­jections filed, finds that any or all such ob­jections should be sustained, it shall order the report changed to conform with such findings, and when so changed the court shall approve and confirm such report and enter its decree accordingly. The court shall adjudge and ap­portion the costs incurred by the exceptions filed, and shall condemn any land or other property, within or without the boundary lines

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Ch. 298 GENERAL DRAINAGE

of the district, that is shown by the report of the commissioners to be needed for right of ways, holding basins or other works, or that may be needed for material to be used in con­structing said works, following the procedure provided in chapter 73*; provided, however, that any property owner may accept the assess­ment of damages in his favor made by the com­missioners, or acquiesce in their failure to assess damages in his favor, and shall be con­strued to have done so, unless he gives the supervisors of the district, on or before the time shall have expired for filing exceptions, as provided in this chapter, notice in writing that he demands an assessment of his damages by a jury; in which event the supervisors of the district shall institute in the circuit court of the proper county an action to condemn the lands and other property that must be taken or damaged in the making of such improve­ments, with the right and privilege of paying into court a sum to be fixed by the circuit court or judge, and proceeding with the work, before the assessment by the jury; provided, any person or party interested may, within twenty days after the rendition of final judg­ment by said circuit court, prosecute an ap­peal to the supreme court, and upon such ap­peal there may be determined either or both of the following questions: First, whether just compensation has been allowed for property appropriated; and, second, whether proper damages have been allowed for property pre­judicially affected by the improvements to be made; provided, that if it shall be ascertained and determined that any tract or lot of land, or parts thereof upon which the uniform tax auth­orized and levied as provided in §298.29 has been paid, will not be benefited by or receive any benefit from, the completion of the plan for improvement, then the uniform tax so paid upon such tract, lot or part thereof, shall be refunded and paid to the person paying same.

The clerk of said circuit court shall trans­mit a certified copy of the court decree and copy of the commissioners' report, as confirmed or amended by the court, to the secretary of the board of supervisors of the district; and the clerk of said circuit court shall also trans­mit a certified copy of the said decree and that part of the said report affecting land in each county to the clerk of the circuit court of each county having lands in the district, or affected by the said report, where the same shall be filed and become a permanent record, and each such clerk shall receive a fee pf one dollar for re­ceiving, filing and preserving same.

History.-§15, ch. 6458, 1913; RGS 1112; CGL 1466. •Note : See §74.16 for eminent domain proceedings In flood

control and drainage districts.

298.35 Powers of supervisors to carry out "the plan of reclamation"; engineer to be su­perintendent of works.-The board of super­visors of the drainage district shall have full power and authority to build, construct, ex­cavate and complete any and all works and im­provements which may be needed to carry out, maintain, and protect "the plan of reclama-

tion." To accomplish that end the said board of supervisors may employ men and teams and purchase machinery, employ men to operate same, and directly have charge of and construct the works and improvements in such manner, or by use of other or more efficient means than provided for in the plans adopted. They may, at their discretion, let the contract for such works apd improvements, either as a whole or in sections, and when such contracts are let they shall be advertised and let to the lowest and best bidder, who shall give a good and ap­proved bond, with ample security, conditioned that he will well and promptly carry out the cont:r:act for such work and improvements; which contract shall be in writing and to which shall be attached and made a part thereof, complete plans and specifications of the work to be done and improvements to be made under such contract, which plans and specifications shall be prepared by the chief engineer and shall be incorporated in, and attached to, the contract; such contract shall be prepared by the attorney for the district and approved by the board of supervisors and signed by its president and the contractor, and executed in duplicate. The chief engineer shall be the sup­erintendent of all the works and improvements, and shall, at least once each year and when required, make a full report to said board of all work done and improvements made, and make suggestions and recommendations to the board as he may deem proper.

Hlstory.-§16, ch. 6458, 1913; RGS illS; CGL 1468.

298.36 Assessing land for reclamation; ap­portionment of tax; lands belongin~ to state assessed; drainage tax record.-After the lists of lands, with the assessed benefits and the decree and judgment of court, have been filed in the office of the clerk of the circuit court as provided in §298.34, then the board of super­visors shall, without any unnecessary delay, levy a tax of such portion of said benefits, on all lands in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and im­provements, as shown in said "plan of reclama­tion" and in carrying out the objects of said district; and, in addition thereto, ten per cent of said total amount for emergencies. The said tax shall be apportioned to, and levied on, each tract of land in said district in proportion to the benefits assessed, and not in excess thereof; and in case bonds are issued, as provided in this chapter, a tax shall be levied in a sum not less than an amount, ninety per cent of which shall be equal to the principal of said bonds. The amount of bonds to be issued for paying the cost of the works as set forth in the plan of reclamation shall be ascertained and de­termined by the board of supervisors; provid­ed, however, that the total amount of all bonds to be issued by the district shall in no case ex­ceed ninety per cent of the benefits assessed upon the lands of the district. The amount of the interest (as estimated by said board of su-

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GENERAL DRAINAGE Ch. 298

pervisors), which will ac<>rue on such bonds, shall be included and added to the said tax, but the interest to accrue on account of the issuing of said bonds shall not be construed as a part of the costs of construction in determ­ining whether or not the expenses and costs of making said improvements are equal to, or in excess of, the benefits assessed. The bene­fits, and all lands in said district belonging to the state, shall be assessed to, and the taxes thereon shall be paid by, the state out of funds on hand, or which may hereafter be ob­tained, derived from the sale of lands belonging to the state; this provision shall apply to all taxes in any drainage district including main­tenance and ad valorem t axes, either levied under this or any other law, and to taxes as­sessed for preliminary work and expenses, as provided in §298.29, as well as to the taxes pro­vided for in this section. The secretary o~ the board of supervisors, as soon as said total tax is levied, shall, at the expense of the district, prepare a list of all taxes levied, in the form of a well bound book, which book shall be en­dorsed and named "DRAINAGE TAX RECORD OF -- ------------------------------ DRAINAGE DISTRICT ___________________________________ "___ COUNTY, FLO RID A," which endorsement shall be printed or written at the top of each page in said book, and shall be signed and certified by the president and secretary of the board of supervisors, attested by the seal of the dist rict, and the same shall thereafter become a permanent record in the office of said secretary.

History.-§17, ch. 6458, 1913; RGS 1114; §1, ch. 12040, 1927; CGL 1467. cf.- §153.05 (12) Water system Improvements and sanitary sewers ;

special assessment s. ~ 192 .08 Exemption f rom t axation of state property. §192.27 Taxes against state properties; notice. §235.34 (2) Sanitary Improvemen ts; expen ditures authorized.

298.37 Board to levy amount of annual in­stallments; certificate to collectors.-The board of supervisors shall, each year thereafter, de­termine, order and levy the amount of the an­nual installments of the total taxes levied un­der §298.36, which shall become due and be collected during said year at the same time that state and county taxes are due and col­lected, which said annual installment and levy shall be evidenced and certified by the said board, not later than November 1st of each year, to the collector of each county in which lands and other prqperty of said district are situated. The certificate of such installment tax shall be substantially in the following form: STATE OF FLORIDA l COUNTY OF ______ J

This is to certify that by virtue and author­ity of the provisions of chapter 298 of the Florida statutes, the board of supervisors of "------------------------------------------- Drainage District of Florida" does hereby levy the sum of $---------------­as the annual installment of tax for the year 19________ of the total tax levied under the provisions of §298.36 of said statutes, which said total tax has heretofore been cer­tified to the clerk of the circuit court of your

county; and said board of supervisors of said drainage district by and with the authority of §298.54 of said statutes, has levied, also, the sum of $----- --- as a maintenance tax for said year; said annual installment of tax and maintenance tax on the real estate and other property situate in your county are set out in the following table, in which are: First, the names of the present owners of said lands, or as they appeared in the decree of the court organizing said district; second, the description of said lands and other property opposite the names of said owners; third, the amount of said installment of tax levied on each tract of land; fourth, the amount of said maintenance tax levied against the same.

The said taxes shall be payable and collect­ible the present year at the same time that state and county taxes are due and collected, and you are directed and ordered to demand and collect the said taxes at the same time you demand and collect the state and county taxes on the same lands, and this "drainage tax book" shall be your warrant and authority for making such demand and collection.

WITNESS the signature of the president of said board of supervisors, attested by the seal of said district, and the signature of the secre-tary of said board, this the ___________ day of ____ _ -------------------------• A. D. 19 _ ___ •

Secretary. (SEAL)

President of District.

Then shall follow a table or schedule show­ing, in properly ruled columns, first, the names of the present owners of said lands, or the names of such owners as they appeared in the decree of the circuit court organizing said dis­trict if the names of present owners are not known to said board of supervisors; second, the description of the said lands opposite the names of the said owners; third, the amount of the said annual installment of tax levied on each tract of land; fourth, the amount of main­tenance tax; fifth, a blank column in which the collector shall record the several amounts as collected by him, with the dates of payment thereof ; and sixth, a blank column in which the collector shall record the names of the person or persons paying the several amounts; the columns in which the annual installment tax and the maintenance tax, if any appear, shall be correctly totaled; and the total amount shall correspond to the amount set out in the above mentioned certificate. The said certifi­cate and table shall be prepared in the form of a well-bound book which shall be endorsed and named "Drainage Tax Book, -----------------­Drainage District, ------------------------------------ County, Florida, for the year 19 ________ ," which endorse-ment shall also be printed at the top of each page in the said book.

Hlstory.- §18, ch. 6458, 1913 ; RGS 1115; §1, ch. 9129, 1923 ; CGL 1468.

298.38 Collectors to collect drainage tax; bond of tax collector to supervisors.-The col-

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Ch. 298 GENERAL DRAINAGE

lector of each county in which lands of any drainage district, organized under this chapter, are situated, shall receive the "drainage tax book" each year and he shall promptly and faithfully collect the tax therein set out and exercise all due diligence in so doing. He is further directed and ordered to demand and collect such taxes at the same time that he de­mands and collects state and county taxes due on the same lands. Where any tract or part thereof has been divided and sold or transfer­red, the collector shall receive taxes on any part of any tract, piece or parcel of land, charged with such taxes and give his receipt accordingly. The above and foregoing "drain­age tax book" shall be the warrant and author­ity of the collector for making such demand and collection. The said collector shall make due return of all "drainage tax books", immedi­ately after the first Monday in April of each year, to the secretary of the board of supervis­ors of the aforesaid drainage district, and shall pay over and account for all moneys collected thereon, each year, to the treasurer of said dis­trict at the same time when he pays over state and county taxes. Said collector shall, in said "drainage tax book", verify by affidavit his return. The secretary shall, each year, within ten days after the return of said collector is delivered to him, prepare and certify to said collector a "drainage back tax book" contain­ing the list of lands so returned by the collec­tor as delinquent; deliver the same to him and take his receipt therefor; and said collector shall proceed to collect such delinquent drain­age taxes and demand payment therefor in the manner as provided for the collection of current drainage taxes. Before receiving the aforesaid "drainage tax book" the collector of each county in which lands of the drainage district are located, shall execute, to the board of supervisors of the district, a bond with at least two good and sufficient sureties, or some surety or bonding company approved by said board, in a sum that is double the probable amount of any annual installment of said tax to be collected by him during any one year, conditioned that said collector shall pay over and account for all taxes so collected by him according to law. Said bond, after approval by the board of supervisors, shall be deposited with the secretary of the board of supervisors, who shall be custodian thereof and who shall produce same for inspection and use as evi­dence whenever and wherever lawfully re­quested so to do.

Hlstory.-§19, ch. 6458, 1913; RGS 1116; CGL 1469.

298.39 When unpaid taxes delinquent; pen­alty.-All taxes, provided for in this chapter, remaining unpaid, after the first Monday in April of the year for which said taxes were levied, shall become delinquent and bear a penalty of two per cent per month on the amount of said taxes from date of delinquency until paid. In computing said penalty each fractional part of a month shall be counted as a full month.

HJ.atol'T-120, ch. 6458, 1918; RGS 1117; CGL U70.

298.40 Penalty for failure of collector to promptly remit taxes collected; compensation of collector.-If any county collector refuses, fails or neglects to make prompt payment of the tax, or any part thereof, collected under this chapter to the treasurer of the district, then he shall pay a penalty of ten per cent on the amount of his delinquency; such penalty shall at once become due and payable and both he and his securities shall be liable therefor on his bond. The collector shall retain for his services one per cent on the amount he collects on current taxes and two per cent of the amount he collects on delinquent taxes.

History.-§21, ch. 6458, 1913; RGS 1118; CGL 1471.

298.401 Tax assessors and collectors; com­pensation; characterization of services.-

(1) In any drainage or sub-drainage distriet whose area shall extend into not more than two counties, the tax assessors of each county con­taining lands within such districts where drain­age taxes are assessed on the county tax roll by the county assessor shall be paid an amount equal to one per centum of the total of taxes of the district, by each assessed within his county, except errors, and one per centum on delinquent taxes when redeemed. The tax col­lectors of each county containing lands within the district shall be paid an amount equal to one per centum of the total of taxes of the district by each collected, and one per cent upon delinquent taxes when collected. The above payments shall apply to the taxes assessed and collected for the year 1948 and subsequent years.

(2) The services of the tax assessors and tax collectors in assessing and collecting such drainage district taxes are hereby declared to be special services performed directly for these districts and any payment therefor shall not be considered a part of the general income of the official's office, nor come under the provisions of §§116.03 and 145.03. The personnel required to do said special work shall be paid for such special services from the receipts provided in subsection (1), above.

(3) All commissions or fees paid by such drainage districts prior to January 1, 1948, and included in the reports of income and expenses by the assessors and collectors for 1947 and prior years shall be considered closed accounts and not subject to any adjustments or refunds to such districts. All payments for services re­ceived by the assessors and collectors from such districts subsequent to January 1, 1948, for current or prior tax rolls shall be considered to have been paid under the provisions of subsec­tion (2), above. None of such payments shall be credited against services to be performed in the future.

(4) The provisions of this section shall not apply, repeal or affect any local law or general law of local application heretofore passed, fix­ing and establishing the compensation of county tax assessors or tax collectors.

Hlator;r.-Comp. 1§1-4, ch. 25196, 1949.

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