Florida Statute 298.76 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.76

298.76 Special or local legislation; effect.—

(1) This chapter is amended to provide that, pursuant to the authority granted the Legislature in s. 11(a)(21), Art. III of the State Constitution, there shall be no special law or general law of local application granting additional authority, powers, rights, or privileges to any water control district formed pursuant to this chapter. However, this subsection shall not prohibit special or local legislation which:

(a) Amends an existing special act which provides for the levy of an annual maintenance tax of a district;

(b) Extends the corporate life of a district;

(d) Authorizes the construction or maintenance of roads for agricultural purposes as outlined in this chapter.

(2) It is hereby expressly provided that special or local laws may be enacted by the Legislature, changing the method of voting for a board of supervisors for any district heretofore or hereafter created and organized under this chapter.

(3) Special or local laws may be enacted by the Legislature providing a change in the term of office of the board of supervisors and changing the qualifications of the board of supervisors of any district heretofore or hereafter organized and created as provided for by this chapter.

(4) Special or local legislation may be enacted by the Legislature, changing the governing authority or governing board of any district heretofore or hereafter organized and created as provided for by this chapter, or any section thereof.

(5) Any special or local laws that may be hereafter passed and enacted by the Legislature, pertaining to any district heretofore or hereafter created and organized as provided by this chapter, shall prevail as to that district and shall have the same force and effect as though it had been a part of this chapter or any section thereof at the time the district was created and organized.

History.—ss. 1-4, ch. 21972, 1943; s. 33, ch. 79-5; s. 5, ch. 80-281.

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Amendments to 298.76

Arrestable Offenses / Crimes under Fla. Stat. 298.76

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.76.

Annotations, Discussions, Cases:

Cases Citing Statute 298.76

Total Results: 8

Ago

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

Snippet: to control the use of said roads." Compare, s. 298.76(1), Fla. Stat., which states Ch. 298 is amended

Roach v. Loxahatchee Groves Water Control District

Court: District Court of Appeal of Florida | Date Filed: 1982-08-04

Citation: 417 So. 2d 814, 1982 Fla. App. LEXIS 21194

Snippet: power. See Ch. 76-455, §§ 1-4, Laws of Fla.; § 298.76(l)(d), Fla.Stat. (1981). The power to maintain

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-04-19

Snippet: special purposes has not been provided for, but s. 298.76(1), F. S., does indicate that the Legislature may

Akel v. Dooley

Court: District Court of Appeal of Florida | Date Filed: 1966-04-15

Citation: 185 So. 2d 491

Snippet: her." See also Charles v. Young, 1917, 74 Fla. 298, 76 So. 869; Humphreys v. Drew, 1910, 59 Fla. 295,

Clonts v. Spurway

Court: Supreme Court of Florida | Date Filed: 1932-02-24

Citation: 139 So. 896, 104 Fla. 340

Snippet: covered by the plea. Charles v. Young, 74 Fla. 298, 76 So. 869; 34 C. J. pages 148 and 165. The above

Humphrey v. Bussey

Court: Supreme Court of Florida | Date Filed: 1930-06-02

Citation: 128 So. 848, 99 Fla. 1249

Snippet: improperly vacated. Charles v. Young, 74 Fla. 298, 76 So. R. 869. *Page 1258 Reversed. TERRELL, C. J

Cook v. J.I. Case Plow Works Company

Court: Supreme Court of Florida | Date Filed: 1923-04-27

Citation: 85 Fla. 421, 96 So. 292

Snippet: granted on conditions. Charles v. Young, 74 Fla. 298, 76 South. Rep. 869. See Whitfield v. Aetna Life Ins

Forbes v. Fort Lauderdale Mercantile Co.

Court: Supreme Court of Florida | Date Filed: 1922-01-23

Citation: 83 Fla. 66, 90 So. 821

Snippet: harmful to the defendant. Charles v. Young, 74 Fla. 298, 76 South. Rep. 869; Hooker v. Forrester, 53 Fla. 392