§ 2-2-51. Power of the board of county commissioners to provide for special assessments.

(a)

The board is hereby empowered to provide for the following kinds of improvements (hereafter "improvements") by levying and collecting in the unincorporated areas of the county special assessments on the real property specially benefited thereby:

(1)

The construction, reconstruction, repair, paving, repaving, surfacing, widening, guttering, lighting and draining of streets, boulevards, alleys, bike paths, and sidewalks;

(2)

The construction, reconstruction, repair, renovation, excavation, dredging, grading, stabilization, and upgrading of greenbelts, swales, culverts, sanitary sewers, storm outfalls, canals, primary, secondary, and tertiary drains, water bodies, marshlands, natural areas, and all or part of a comprehensive storm water management system, including the necessary appurtenances and structures thereto and including, but not limited to dams, weirs, and pumps;

(3)

The construction or reconstruction of potable water, reclaimed water, and/or wastewater (sewer) mains, laterals, and other distribution facilities, including the necessary appurtenances thereto;

(4)

The draining and reclamation of wet, low, or overflowed lands;

(5)

The construction, reconstruction and repair of seawalls and other structures for the prevention or control of erosion.

(b)

The board may include in the assessment all or any of the cost of the improvements whether incurred before or after the improvements are authorized by the board. The cost of the improvements (herein collectively "cost" or "cost of improvements") may include without limitation, with respect to the improvements, the cost of the following: Construction or reconstruction; labor and materials; property, rights, easements and franchises; financing charges and interest payable, reserves or discounts and the like provided, as permitted by law, plans, specifications, surveys, title assurances and estimates of any kind; engineering, design, construction and acquisition of improvements; salaries, reasonable overhead, and administrative expenses of county staff and officials; expenses necessary or incident to determining the feasibility or practicability of the improvement; reimbursements or credits to affected property owners on account of improvements made by them prior to the adoption of Ordinance 84-27; and such other expenses as may be necessary or incident to the planning, financing, or construction of improvements as herein authorized.

(c)

Special assessments as authorized herein may be levied only on real property specially benefited thereby and shall be based upon the special benefit accruing to such property from such improvements, and there shall be an apportionment among all such properties of the total cost of the improvement as identified by the board, which apportionment shall be as deemed just and equitable by the board in each case, and shall be reflected in the special assessment roll.

(d)

The board may consider authorizing improvements and special assessments therefor as provided herein, either:

(1)

Upon its own motion, identifying the nature and extent of the improvements to be considered, or

(2)

When a petition requesting the same and describing the nature and extent of the improvements to be considered, is presented by at least two-thirds of the owners of property to be specially benefited.

In either case, improvement(s) considered as provided in this subsection and as authorized under section 2-2-52 shall constitute a continuous or coherent project.

(Laws of Fla., Ch. 63-1582, § 2; Laws of Fla., Ch. 65-1883, § 1; Ord. No. 74-4, § 1, 3-26-74; Ord. No. 83-16, § 1, 3-29-83; Ord. No. 84-27, § 2, 10-11-84; Ord. No. 04-78, § 1, 11-16-04)