Florida/Georgia Personal Injury & Workers Compensation

...§ 298.02, F.S.A., to give effect to the proper legislative intent; that the entire drainage statute is an improper delegation of legislative power to the judiciary; that Fla. Stat. § 298.07, F.S.A., is an improper delegation of legislative power to the judiciary; and, that Fla. Stat. § 298.11, F.S.A., which controls voting within the districts, is invalid in its apportioning of votes on the basis of volume of land owned. *524 The validity of Fla. Stat. § 298.11, F.S.A., has been determined by this Court in Lake Howell Water and Reclamation Dist....

...ors pursuant to Article VII, Section 12 of the 1968 Constitution of Florida, F.S.A. prior to filing the complaint for validation of the bonds. Second, that in the election held to select the Appellant supervisors of the drainage district pursuant to Section 298.11, Florida Statutes, F.S.A., the "one man-one vote" principle of the United States Supreme Court was applicable and, therefore, the manner and method provided for such election under said section based upon the acreage owned in the distr...

...bonds filed pursuant to the applicable provisions of Chapter 75, Florida Statutes, that Appellants have filed their interlocutory appeal to this Court. Inasmuch as the chancery order dismissing the complaint specifically passed upon the validity of Section 298.11, Florida Statutes, F.S.A., we have jurisdiction to review the order because it appears that on final decree in the validation proceedings the issue of the constitutionality of the statute would be directly appealable here....

...We find no basis in the 1968 Florida Constitution for a different construction concerning special assessments for local improvements from that which obtained under the 1885 Florida Constitution. As to the second point concerning the alleged invalidity of F.S. Section 298.11, F.S.A., insofar as it authorizes each property owner owning lands in the district to cast one vote for each acre of land owned by him or it in the election of supervisors of the district, we do not find this feature of the statute violates the "one man-one vote" principle....

...v. Dade Muck Land Co., 95 Fla. 530, 116 So. 449; State ex rel. Landis v. Reardon, 114 Fla. 755, 154 So. 868, and Town of Palm Beach v. City of West Palm Beach, Fla., 55 So.2d 566. The Legislature was therefore free to decide by the enactment of F.S. Section 298.11, F.S.A., that the fairer plan is to allow all property owners, whether individuals, trustees, administrators or executors or *900 corporations resident or nonresident holding title to lands in the district, to select the supervisors on...

...tected from Florida's regulation. The claim of authority relies upon the exemption Charter Air has received from the Civil Aeronautics Board, pursuant to Title 49, United States Code, Section 1386(b)(4) [3] and Title 14, Code of Federal Regulations, Section 298.11, from all of the regulatory provisions of Title IV of the Act [4] except for certain reporting requirements, insurance requirements, and requirements relating to joint operations with non-exempt carriers....

so long as they satisfy the requirements of section 298.11, Florida Statutes. According to your letter

...ns be handled in the same manner as county taxes, I am of the opinion that Chapter 197 , Florida Statutes, constitutes the sole method of enforcing liens on property within the district for nonpayment of district assessments. 5 Question Two Sections 298.11 and 298.12 , Florida Statutes, entitle each landowner within the district to vote, in person or by proxy, in district elections. Specifically, section 298.11 (2) provides in part: "At the 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 h...

concerned are ss. 298.11 and 298.12, F. S. Section 298.11 provides, among other things, that within 20

...ol district, the landowners of such a district are not authorized to establish procedures for the recall of a supervisor. You state that three supervisors of the Pal-Mar Water Control District are elected by the landowners pursuant to Ch. 298 , F.S. Section 298.11 , F.S., provides that the district landowners (including the Department of Environmental Regulation on behalf of the State of Florida if the state owns land in the district) shall elect a board of three supervisors who shall be owners 1 of land in the district and residents of the county or counties in which the district is located. 2 As the terms of the supervisors are staggered, landowners meet annually to elect a supervisor in the same manner as provided in s. 298.11 , F.S., for a term of three years or until a successor is elected and qualified....

...may fill such vacancy until the next annual meeting of the landowners, when a successor shall be elected for the unexpired term. 5 A vacancy occurring in the office of a supervisor appointed by the department, however, is filled by the department. 6 Section 298.11 (4), F.S., provides that any supervisor appointed by the department may be removed by the department for dishonesty, incompetency or failure to perform the duties imposed upon him by Ch....

...ct supervisor, I am of the opinion that the landowners are not authorized to recall, or to adopt procedures for the recall of, a supervisor. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s. 298.005 , F.S., defining "owner." 2 See, s. 298.11 (1), F.S. And see, s. 298.11 (2) and (3), F.S., providing for the method of election. 3 Section 298.12 , F.S. 4 Id. 5 Id. 6 Section 298.11 (4), F.S....