The 2023 Florida Statutes (including Special Session C)

Title XXI
DRAINAGE

Chapter 298
DRAINAGE AND WATER CONTROL

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F.S. 298.11

298.11 Landowners’ meetings; election of board of supervisors; duties of Department of Environmental Protection.—

(1) Within 20 days after the effective date of a special act creating a district, notice of a landowners’ meeting shall be given as provided in the special act. The notice shall be published once a week for 2 consecutive weeks in a newspaper of general circulation in each county in which lands of the district are located, the last publication to be not less than 10 nor more than 15 days before the date of the meeting. The meeting of the owners of the lands located in the district shall be scheduled, at a day and hour specified, at some public place in the county within which most of the district lands are located, for the purpose of electing a board of three supervisors, to be composed of owners of the lands in the district and residents of the county or counties in which the district is located.

(2) The landowners, when assembled, shall organize by the election of a chair and secretary of the meeting, who shall conduct the election. At the election, each and every acre of assessable 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 assessable land owned by him or her in the district, and the three persons receiving the highest number of votes shall be declared elected as supervisors. The appointment of proxies shall comply with s. 607.0722. Landowners owning less than 1 assessable acre in the aggregate shall be entitled to one vote. Landowners with more than 1 assessable acre are entitled to one additional vote for any fraction of an acre greater than 1/2 acre, when all of the landowners’ acreage has been aggregated for purposes of voting. The landowners shall at such election determine the length of the terms of office of each supervisor so elected by them, which shall be respectively 1, 2, and 3 years, and they shall serve until their successors shall have been elected and qualified.

(3) The Department of Environmental Protection, at any such meeting, may represent the state, and shall have the right to vote for supervisors, or upon any matter that may come properly before said meeting to the extent of the acreage owned by the state in such district, provided such acreage is subject to assessment by the water control district, which vote may be cast by any person designated by said department. Guardians may represent their wards, executors and administrators may represent estates of deceased persons, and private corporations may be represented by their officers or duly authorized agents. The owners and proxy holders of district acreage who are present at a duly noticed landowners’ meeting shall constitute a quorum for the purpose of holding such election or any election thereafter.

(4) Any elected or appointed supervisor may be removed by the Governor for malfeasance, misfeasance, dishonesty, incompetency, or failure to perform the duties imposed upon him or her by this chapter, and any vacancies which may occur in any such office so filled by appointment shall be filled by the Governor as soon as practicable.

History.—s. 4, ch. 6458, 1913; RGS 1101; CGL 1454; ss. 25, 35, ch. 69-106; s. 7, ch. 72-291; s. 1, ch. 76-181; s. 4, ch. 79-5; s. 22, ch. 79-65; s. 22, ch. 91-221; s. 120, ch. 94-356; s. 885, ch. 95-148; s. 2, ch. 97-40; s. 2, ch. 98-329; s. 5, ch. 2000-308.

F.S. 298.11 on Google Scholar

F.S. 298.11 on Casetext

Amendments to 298.11

Arrestable Offenses / Crimes under Fla. Stat. 298.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 298.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AIR EVAC EMS, INC. v. CHEATHAM, A. S. S. D. R. T. s L. J. s, 910 F.3d 751 (4th Cir. 2018)

. . . . § 298.11. The Secretary's authority to waive the certification is discretionary. . . . See 14 C.F.R. § 298.11. . . .

CHARTER AIR CENTER, INC. v. FLORIDA PUBLIC SERVICE COMMISSION,, 503 F. Supp. 243 (N.D. Fla. 1980)

. . . Title 49, United States Code, Section 1386(b)(4) and Title 14, Code of Federal Regulations, Section 298.11 . . .

DHL CORPORATION, v. CIVIL AERONAUTICS BOARD,, 584 F.2d 914 (9th Cir. 1978)

. . . .” § 298.11, the exemption section for air taxi operators, uses the language “are exempt” which coincides . . .

UNION OF PROFESSIONAL AIRMEN v. CIVIL AERONAUTICS BOARD,, 511 F.2d 423 (D.C. Cir. 1975)

. . . . § 298.11(a), has exempted air taxi operators from the requirement that they obtain certificates. . . .

EXECUTIVE AIRLINES, INC. a. v. AIR NEW ENGLAND, INC. a, 357 F. Supp. 345 (D. Mass. 1973)

. . . . § 298.11. . . . See 14 C.F.R. § 298.11. . . .

FLORIDA JAI ALAI, INC. v. LAKE HOWELL WATER RECLAMATION DISTRICT, a FLORIDA STANDARD LAND DEVELOPMENT CORP. v. LAKE HOWELL WATER RECLAMATION DISTRICT, a, 274 So. 2d 522 (Fla. 1973)

. . . . § 298.11, F.S.A., which controls voting within the districts, is invalid in its apportioning of votes . . . The validity of Fla.Stat. § 298.11, F.S.A., has been determined by this Court in Lake Howell Water and . . .

LAKE HOWELL WATER AND RECLAMATION DISTRICT, a v. STATE, 268 So. 2d 897 (Fla. 1972)

. . . the election held to select the Appellant supervisors of the drainage district pursuant to Section 298.11 . . . Inasmuch as the chancery order dismissing the complaint specifically passed upon the validity of Section 298.11 . . . Section 298.11, F.S.A., that the fairer plan is to allow all property owners, whether individuals, trustees . . .

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, v. CIVIL AERONAUTICS BOARD, AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, v. CIVIL AERONAUTICS BOARD, AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, v. CIVIL AERONAUTICS BOARD,, 458 F.2d 846 (D.C. Cir. 1972)

. . . Duration of exemption” and provides: The exemption from any provision of title IV of the Act provided by § 298.11 . . .

TITLE GUARANTY SURETY CO. v. STATE OF MISSOURI STORMFELTZ, 105 F.2d 496 (8th Cir. 1939)

. . . “As to the above mentioned credit in the cash fund of $298.11, which arose by payments to said fund made . . . claimed no credit in his annuals, including his so-called final settlement of 3/26-1925, for said $298.11 . . . Any claim on the part of the guardian for repayment of the $298.11 has long been barred by the Statute . . .