Florida Statute 298.77 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.77

298.77 Readjustment of assessments; procedure, notice, hearings.—

(1) Whenever the owners of 25 percent or more of the acreage of the land of any district situated wholly in a single county existing under the general drainage laws of this state, now this chapter, joined by the holders of not less than 95 percent of the indebtedness outstanding against that district, shall file a petition with the board of supervisors, stating that there has been a material change in the value of the property in the district since the last previous assessment of benefits, contributed to by the drainage system; that a relatively large portion or portions of the district have become nontaxable for the purpose of paying the indebtedness of such district; that a named person, corporation, or agency has purchased the obligations of the district at a discount and under circumstances whereby the district is expected to pay in discharge of its obligations a sum greatly less than the par value of such obligations; that improvements within the district made possible or practicable by the drainage effected have been such as to enhance values in a portion or portions thereof more than in other portions of the district; and that developments in all parts of the district are believed to have been retarded by the inability of property owners to pay assessments and discharge individual properties from the lien of the drainage tax; and praying for readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of taxes to pay the indebtedness of such district and to maintain its drainage system, the board of supervisors shall give notice of the filing and hearing of the petition in the manner and for the time provided for in s. 298.301.

(2) Such notice may be in the following form:

NOTICE IS HEREBY GIVEN to all persons interested in the lands included within the Water Control District that a petition has been filed with the district, praying for a readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of taxes against the various pieces and parcels of land in said district to pay its indebtedness and maintain its drainage system, and that said petition will be heard by the board of supervisors on the day of , (year) .

Dated , (year) .

(Secretary of District)

County

(3) Any interested person may file an answer to the petition before the return day and, if so, shall be duly heard, but, if not, the cause shall proceed ex parte. Upon the hearing of the petition, if the board shall find that there has been a material change in the values of the lands in the district since the last previous assessment of benefits, contributed to by the drainage system, and that the other material allegations of the petition herein required to be set forth are substantially true, the board of supervisors shall order that there be made a readjustment of the assessment of benefits for the purpose of providing a basis upon which to levy further and future taxes for the payment of the obligations of, and maintaining the drainage system in, the district, and shall order the engineer’s report to be revised accordingly. Thereupon, the board of supervisors shall proceed pursuant to s. 298.301 to make such readjustment of assessment of benefits to each piece or parcel of land which has accrued or will accrue as a result of the drainage system. Provided, in making the readjustment of the assessment of benefits, the board of supervisors shall not increase the existing assessment, or unpaid portion thereof, on any piece or parcel of land; provided, further, that after the making of such readjustment, the limitation of 10 percent of the annual maintenance tax which may be levied shall apply to the amount of benefits as readjusted.

History.—s. 1, ch. 22103, 1943; s. 34, ch. 79-5; s. 6, ch. 80-281; s. 25, ch. 97-40; s. 22, ch. 99-6; s. 5, ch. 2005-238.

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Amendments to 298.77

Arrestable Offenses / Crimes under Fla. Stat. 298.77

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.77.

Annotations, Discussions, Cases:

Cases Citing Statute 298.77

Total Results: 17

Hebert v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-12-22

Citation: 25 So. 3d 612, 2009 Fla. App. LEXIS 13348, 2009 WL 4931756

Snippet: limitations, Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957). San Martin,

Garzon v. State

Court: Supreme Court of Florida | Date Filed: 2008-04-10

Citation: 980 So. 2d 1038, 2008 WL 960750

Snippet: 2003); see also Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957). However, we

Brooks v. State

Court: Supreme Court of Florida | Date Filed: 2005-06-23

Citation: 918 So. 2d 181, 2005 WL 1475401

Snippet: Court decision in Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), and this Court's

Gaskin v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-03-31

Citation: 869 So. 2d 646, 2004 WL 625804

Snippet: that ground, see Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), overruled on

Cardenas v. State

Court: Supreme Court of Florida | Date Filed: 2004-02-26

Citation: 867 So. 2d 384, 2004 WL 351171

Snippet: statutory scheme. In Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), overruled on

Foster v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-12-24

Citation: 861 So. 2d 434, 2002 WL 1285453

Snippet: See generally Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), overruled in

Fitzpatrick v. State

Court: Supreme Court of Florida | Date Filed: 2003-09-11

Citation: 859 So. 2d 486, 2003 WL 22097432

Snippet: the decision in Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), where the U

Bonine v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-03-28

Citation: 811 So. 2d 863, 2002 WL 464162

Snippet: 2d 371 (1991); Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), overruled in

MacKerley v. State

Court: Supreme Court of Florida | Date Filed: 2001-02-01

Citation: 777 So. 2d 969, 2001 WL 81767

Snippet: 2000) (citing Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957)). Ultimately

Delgado v. State

Court: Supreme Court of Florida | Date Filed: 2000-08-24

Citation: 776 So. 2d 233

Snippet: new trial. In Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), the Supreme

State v. Reardon

Court: District Court of Appeal of Florida | Date Filed: 2000-06-01

Citation: 763 So. 2d 418, 2000 WL 707177

Snippet: ordered. See also Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957). Although burglary

MacKerley v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-22

Citation: 754 So. 2d 132, 2000 WL 294507

Snippet: Court held in Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), partially overruled

San Martin v. State

Court: Supreme Court of Florida | Date Filed: 1998-06-11

Citation: 717 So. 2d 462, 1998 WL 303859

Snippet: Amendment). [10] See Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957) (reversing general

Tricarico v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-05-27

Citation: 711 So. 2d 624, 1998 WL 264017

Snippet: acknowledges that in Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), the Court held

Mosely v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-10-30

Citation: 682 So. 2d 605, 1996 WL 625397

Snippet: rule stated in Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957) overruled in

Mungin v. State

Court: Supreme Court of Florida | Date Filed: 1995-09-07

Citation: 689 So. 2d 1026, 1995 WL 913235

Snippet: Amendment). [6] See Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957) (reversing general

State v. Freund

Court: District Court of Appeal of Florida | Date Filed: 1993-11-10

Citation: 626 So. 2d 1043, 1993 Fla. App. LEXIS 11279, 1993 WL 458600

Snippet: prosecution. Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), overruled on