Florida Statute 298.305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.305

298.305 Assessing land for development; apportionment of assessment.—

(1) After the engineer’s report has been approved by the board of supervisors, the proposed water control plan or plan amendment has been finally adopted, and the lists of lands with the assessed benefits have been filed in the office of the secretary of the district, then the board of supervisors shall levy a non-ad valorem assessment as approved by the board on all lands in the district to which benefits have been assessed, to pay the costs of the completion of the proposed works and improvements, as shown in the adopted plan or plan amendment and in carrying out the objectives of the district; and, in addition thereto, 10 percent of the total amount for contingencies. The assessment must be apportioned to and levied on each assessable tract of land in the district. Under s. 298.54, the board of supervisors may also levy a maintenance assessment on all lands in the district to which benefits have been assessed as may be necessary to operate and maintain the district works and activities and to defray the current expenses of the district. A maintenance assessment recommendation for the operation and maintenance of the district works and activities must be included in each engineer’s report considered by the board.

(2) The board of supervisors may issue bonds in accordance with s. 298.47 to pay the cost of the works and improvements described in the water control plan. Upon such determination, the board of supervisors shall levy a non-ad valorem assessment in a sum not less than an amount, 90 percent of which shall be equal to the principal of said bonds. In no event shall the total amount of all bonds to be issued by the district exceed 90 percent of the benefits assessed upon the lands of the district. Bonds issued under this section shall draw interest at a rate provided by general law and shall be made payable at such time and place as the board of supervisors may determine. The amount of the interest that will accrue on the bonds, as estimated by the board of supervisors, shall be included and added to the assessment, but the interest to accrue on the 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 water control plan are equal to, or in excess of, the benefits assessed.

History.—s. 14, ch. 97-40.

F.S. 298.305 on Google Scholar

F.S. 298.305 on Casetext

Amendments to 298.305

Arrestable Offenses / Crimes under Fla. Stat. 298.305

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.305.

Annotations, Discussions, Cases:

Cases Citing Statute 298.305

Total Results: 20

Paul James Newman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-26

Snippet: law enforcement.’” Oregon v. Elstad, 470 U.S. 298, 305 (1985) (quoting Miranda, 384 U.S. at 478). “Indeed

HOBE-ST. LUCIE CONSERVANCY DISTRICT v. MARTIN COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2021-11-17

Snippet: trial court, Hobe argues on appeal that section 298.305(1), Florida Statutes (2016), specifically authorizes

TERRY R. HENLEY v. CITY OF NORTH MIAMI

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: Dep’t of Child. & Fams. v. Shapiro, 68 So. 3d 298, 305-06 (Fla. 4th DCA 2011)). In addition, section

Griffin v. Deloach

Court: District Court of Appeal of Florida | Date Filed: 2018-11-16

Citation: 259 So. 3d 929

Snippet: Dep't of Children & Families v. Shapiro, 68 So.3d 298, 305-06 (Fla. 4th DCA 2011) (citing Rice-Lamar v. City

Malcolm Gainey v. Washington County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-08-01

Citation: 251 So. 3d 1032

Snippet: of Children and Families v. Shapiro, 68 So. 3d 298, 305-06 (Fla. 4th DCA 2011). The third part of the

Malcolm Gainey v. Washington County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Snippet: of Children and Families v. Shapiro, 68 So. 3d 298, 305-06 (Fla. 4th DCA 2011). The third part of the

Sharon Myers v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-02-23

Citation: 211 So. 3d 962, 42 Fla. L. Weekly Supp. 214, 2017 WL 727169, 2017 Fla. LEXIS 371

Snippet: [is] protected.” [Oregon v. ]Elstad, 470 U.S. [298,] 305, 105 S.Ct. 1285, 84 L.Ed.2d 222 [ (1985) ] (quoting

Robet Shaw v. Town of Lake Clarke Shores

Court: District Court of Appeal of Florida | Date Filed: 2015-08-05

Citation: 174 So. 3d 444, 2015 Fla. App. LEXIS 11727, 2015 WL 4636887

Snippet: Children & Families v. Shapiro, 68 So.3d 298, 305-06 (Fla. 4th DCA 2011). The types of disclosures

Barbara Rustowicz v. North Broward Hospital District n/k/a Broward Health

Court: District Court of Appeal of Florida | Date Filed: 2015-07-01

Citation: 174 So. 3d 414, 40 Fla. L. Weekly 1524, 40 I.E.R. Cas. (BNA) 535, 2015 Fla. App. LEXIS 9971

Snippet: Children & Families v. Shapiro, 68 So.3d 298, 305-06 (Fla. 4th DCA 2011). The causal link element

Wright v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-05-30

Citation: 161 So. 3d 442, 2014 Fla. App. LEXIS 8255, 2014 WL 2217310

Snippet: self-incrimination [is] protected.” Oregon v. Elstad, 470 U.S. 298, 305, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985) (quoting

City of West Palm Beach v. McCray

Court: District Court of Appeal of Florida | Date Filed: 2012-05-23

Citation: 91 So. 3d 165, 2012 Fla. App. LEXIS 8266, 2012 WL 1859502

Snippet: Dep’t of Children & Families v. Shapiro, 68 So.3d 298, 305 (Fla. 4th DCA 2011) (quoting Holifield v. Reno

North Port Road & Drainage District v. West Villages Improvement District

Court: Supreme Court of Florida | Date Filed: 2012-02-02

Citation: 82 So. 3d 69, 37 Fla. L. Weekly Supp. 67, 2012 WL 300879, 2012 Fla. LEXIS 235

Snippet: non-ad valorem assessments pursuant to section 298.305, Florida Statutes (2008), could not be utilized

State v. PITA

Court: District Court of Appeal of Florida | Date Filed: 2011-02-02

Citation: 54 So. 3d 557, 2011 Fla. App. LEXIS 1021, 2011 WL 409080

Snippet: the defendant's plea. State v. Walters, 12 So.3d 298, 305 (Fla. 3d DCA 2009). On July 7, 2005, the defendant

Craig v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-28

Citation: 45 So. 3d 1, 2010 Fla. App. LEXIS 5586, 2010 WL 1687639

Snippet: procedurally barred. See Riechmann v. State, 966 So.2d 298, 305 (Fla.2007) (finding that "when a claim is raised

Taurus Holdings v. US Fidelity

Court: Supreme Court of Florida | Date Filed: 2005-09-22

Citation: 913 So. 2d 528, 2005 WL 2296481

Snippet: Admin. v. CSX Transp., Inc., 349 Md. 299, 708 A.2d 298, 305 (1998) ("The words `arising out of' must be afforded

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-11-03

Snippet: purposes as outlined in this chapter. 8 See, e.g., s. 298.305(2), Fla. Stat., authorizing the board of supervisors

Checkn Go of Florida, Inc. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-05-11

Citation: 790 So. 2d 454, 2001 WL 497807

Snippet: Fed. Trade Comm'n v. Am. Tobacco Co., 264 U.S. 298, 305, 44 S.Ct. 336, 68 L.Ed. 696 (1924) (citation omitted)

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-12-04

Snippet: authorized by Chapter 298, Florida Statutes.2 Section 298.305, Florida Statutes, provides that "[T]he board of

Commerce v. Equity

Court: District Court of Appeal of Florida | Date Filed: 1997-06-04

Citation: 695 So. 2d 383, 1997 WL 133828

Snippet: Guldberg v. Greenfield, 259 Iowa 873, 146 N.W.2d 298, 305 (1966) (owner paid prime contractor in full);

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-04-16

Snippet: McQuillin Municipal Corporations s. 7.08, pp. 298-305; and Town of Enterprise v. State, 10 So. 740, 742