Florida Statute 298.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.12

298.12 Annual election of supervisors; term of office; vacancy.—

(1) Every year in the same month after the time for the election of the first board of supervisors, it shall call a meeting of the landowners in the district in the same manner as is provided for in s. 298.11, and the owners of land in such district shall meet at the stated time and place and elect one supervisor. Owners whose assessments have not been paid for the previous year are not entitled to vote. In case of their failure to elect, the Governor shall appoint such supervisor, who shall hold the supervisor’s office for 3 years or until his or her 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 30 days, the Governor may fill such vacancy until the next annual meeting, when a successor shall be elected for the unexpired term.

(2) A vacancy in any of the three elected positions on the Melbourne-Tillman Water Control District Board of Supervisors which is not filled by a vote of the district’s landowners pursuant to the provisions of this section shall be filled by the Brevard County Board of County Commissioners within 30 days. The supervisor so appointed shall fill such vacancy until the next annual meeting when a successor shall be elected by the landowners for the unexpired portion of the term. A vacancy in any of the two appointed supervisor positions shall be filled by the Brevard County Board of County Commissioners within 30 days.

History.—s. 5, ch. 6458, 1913; RGS 1102; CGL 1455; ss. 25, 35, ch. 69-106; s. 2, ch. 76-181; s. 5, ch. 79-5; s. 121, ch. 94-356; s. 886, ch. 95-148; s. 3, ch. 97-40; s. 3, ch. 98-329; s. 6, ch. 2000-308.

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Amendments to 298.12

Arrestable Offenses / Crimes under Fla. Stat. 298.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.12.

Annotations, Discussions, Cases:

Cases Citing Statute 298.12

Total Results: 8

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-05-24T00:53:00-07:00

Snippet: Id. 5 Section 298.11(2), Fla. Stat. And see, s. 298.12, Fla. Stat., providing for subsequent annual elections

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Court: Fla. Att'y Gen. | Date Filed: 1999-06-02T00:53:00-07:00

Snippet: assessments.5 Question Two Sections 298.11 and 298.12, Florida Statutes, entitle each landowner within

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Court: Fla. Att'y Gen. | Date Filed: 1990-08-07T00:53:00-07:00

Snippet: providing for the method of election. 3 Section 298.12, F.S. 4 Id. 5 Id. 6 Section 298.11(4), F.S. 7 435

Thompson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-10T00:00:00-07:00

Citation: 512 So. 2d 298, 12 Fla. L. Weekly 2199, 1987 Fla. App. LEXIS 10185

Snippet: Dauksch, Orfinger 10 September 1987 512 So. 2d 298, 12 Fla. L. Weekly 2199, 1987 Fla. App. LEXIS 10185

Valparaiso Bank & Trust Co. v. Royal Trust Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-10T00:00:00-07:00

Citation: 512 So. 2d 298, 12 Fla. L. Weekly 2202, 1987 Fla. App. LEXIS 10272

Snippet: , Miner, Thompson 10 September 1987 512 So. 2d 298, 12 Fla. L. Weekly 2202, 1987 Fla. App. LEXIS 10272

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Court: Fla. Att'y Gen. | Date Filed: 1981-03-03T23:53:00-08:00

Snippet: provisions of ss. 298.11 and 298.12, F.S., since neither ss. 298.11, 298.12, F.S., nor ch. 76-455, Laws… receives a majority of the votes cast. Section 298.12, F.S., provides in pertinent part: Annual election…members, and in light of language in ss. 298.11, 298.12, and ch. 76-455, I conclude that this same rule…expressly or impliedly authorized by ss. 298.11, 298.12, F.S., or ch. 76-455, Laws of Florida. However,…298.11, which is incorporated by reference into s.298.12, does make express provisions otherwise: [

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Court: Fla. Att'y Gen. | Date Filed: 1976-06-17T00:53:00-07:00

Snippet: QUESTION: Does s. 298.12, F. S., allow the owners of land located within a water-management district…of water-management district supervisors under s.298.12, F. S. The statutory sections with which your inquiry… inquiry is concerned are ss. 298.11 and 298.12, F. S. Section 298.11 provides, among other things, that…board of supervisors. Section 298.11(3). Section 298.12, F. S., provides that every year after the election…quot; Applying this general rule to ss. 298.11 and 298.12, F. S., which must be construed together in order

Rabin v. Lake Worth Drainage District

Court: Fla. | Date Filed: 1955-09-16T00:53:00-07:00

Citation: 82 So. 2d 353

Snippet: Board of Supervisors under Sections 298.11 and 298.12, Florida Statutes, F.S.A., does not meet the requirements