House Bill 1141

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    Florida House of Representatives - 2000                HB 1141

        By Representative Merchant






  1                      A bill to be entitled

  2         An act relating to Jupiter Inlet District, Palm

  3         Beach County; providing legislative intent;

  4         codifying the district's charter, chapter 8910

  5         (1921), Laws of Florida, as amended; ratifying,

  6         restating, and approving district formation;

  7         providing that the district is an independent

  8         special taxing district; providing district

  9         status and boundaries; providing for

10         applicability of chapter 189, Florida Statutes,

11         and other general laws; providing additional

12         powers, including the power of eminent domain

13         and the power to issue bonds; providing for tax

14         exempt status of district bonds and property;

15         providing for notice of applications for

16         environmental permits to conduct activities in

17         or on the waters of the state within the

18         district; providing for liberal construction;

19         repealing chapters 8910 (1921), 10727 (1925),

20         13674 (1929), 16057 (1933), 22787 (1945), 22868

21         (1945), 24154 (1947), 71-818, 74-567, 75-474,

22         78-580, 79-531, 79-532, 79-533, 80-573, 81-458,

23         83-492, 85-482, and 87-522, Laws of Florida;

24         providing severability; providing an effective

25         date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Pursuant to section 189.429, Florida

30  Statutes, this act constitutes the codification of all special

31  acts relating to the Jupiter Inlet District. It is the intent

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  1  of the Legislature in enacting this law to provide a single,

  2  comprehensive special act charter for the district, including

  3  all current legislative enactments and any additional

  4  authority granted by this act.

  5         Section 2.  Chapter 8910, Laws of Florida, 1921,

  6  chapter 10727, Laws of Florida, 1925, chapter 13674, Laws of

  7  Florida, 1929, chapter 16057, Laws of Florida, 1933, chapter

  8  22787, Laws of Florida, 1945, chapter 22868, Laws of Florida,

  9  1945, chapter 24154, Laws of Florida, 1947, and chapters

10  71-818, 74-567, 75-474, 78-580, 79-531, 79-532, 79-533,

11  80-573, 81-458, 83-492, 85-482, and 87-522, Laws of Florida,

12  are codified, reenacted, amended, and repealed as herein

13  provided.

14         Section 3.  The Jupiter Inlet District is re-created,

15  and the charter for such district is re-created and reenacted

16  to read:

17         Section 1.  District formation ratified, restated, and

18  approved.--The Jupiter Inlet District was created by chapter

19  8910, Laws of Florida, 1921, and such creation is hereby

20  ratified, confirmed, and approved.

21         Section 2.  Status and boundaries of district.--The

22  Jupiter Inlet District is hereby declared to be an independent

23  special district and a public corporation of the State of

24  Florida, and the lands lying within the area described as

25  follows in Palm Beach County, Florida, shall constitute the

26  Jupiter Inlet District:

27

28         Commencing at the point where the South line of

29         Township 41 South intersects the shore of the

30         Atlantic Ocean, and thence Westward following

31         said Township line to the point where said

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  1         Township line intersects the North right of way

  2         line of State Road 710; thence in a Northerly

  3         direction along the North right of way line of

  4         State Road 710 in Township 41 South, Range 41

  5         East through Sections 35, 34, 27, 28, 29, 20,

  6         19 and 18 in said Township and Range, to the

  7         point where said North right of way line of

  8         State Road 710 intersects the West line of

  9         Section 18 in said Township and Range; thence

10         North along the West line of Range 41 East to

11         the Northwest corner of Section 31, Township 40

12         South, Range 41 East; thence East along the

13         North line of Sections 31, 32, 33, 34, 35 and

14         36 of Township 40 South, Range 41 East, and

15         along the North line of Sections 31, 32 and 33

16         of Township 40 South, Range 42 East to the

17         Northeast corner of Section 33, Township 40

18         South, Range 42 East; thence North along the

19         West line of Section 27, Township 40 South,

20         Range 42 East to the Northwest corner of said

21         Section 27 in said Township and Range; thence

22         East along the North line of Sections 27, 26

23         and 25 of Township 40 South, Range 42 East, and

24         along the North line of Section 30, Township 40

25         South, Range 43 East, to the Eastern terminus

26         thereof, where said line intersects the shore

27         of the Atlantic Ocean; thence Southerly,

28         meandering the shore of the Atlantic Ocean, to

29         the point of beginning.

30

31         Section 3.  Minimum charter requirements.--

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  1         (a)  The district was organized and exists for the

  2  purposes of deepening and maintaining the Loxahatchee River

  3  and deepening and maintaining the Jupiter Inlet for the

  4  preservation of the public health, for the public good, and

  5  for the use of the public.

  6         (b)  The district shall have all of the following

  7  powers and duties:

  8         (1)  To exercise any power of a Florida corporation,

  9  including the power to enter into contracts.

10         (2)  To levy ad valorem taxes on taxable property

11  within the district, to be collected as provided by general

12  law.

13         (3)  To issue bonds.

14         (4)  To exercise the power of eminent domain.

15         (5)  To carry out the purposes of this act.

16         (c)  The district was created by special act of the

17  Legislature.

18         (d)  The charter of the district may be amended only by

19  special act of the Legislature.

20         (e)  The governing body of the district shall be a

21  board consisting of five commissioners who shall be qualified

22  electors residing within the district. The present

23  commissioners shall serve until the general election at which

24  the current 4-year term of each commissioner expires, or until

25  their successors are elected and qualified. The terms of the

26  present commissioners shall continue to expire every 2 years

27  so that three commissioners' terms expire in one election year

28  and the other two expire 2 years later. Commissioners shall be

29  elected for a term of 4 years.

30         (f)  The compensation of each commissioner shall be

31  $120 per month or any portion of a month in which the

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  1  commissioner serves. The commissioners shall also be allowed

  2  per diem, traveling expenses, mileage, subsistence, and other

  3  expenses at the same rate as that allowed public officers,

  4  employees, and authorized persons under section 112.061,

  5  Florida Statutes, or successor legislation, as it may from

  6  time to time be amended, or as otherwise provided by general

  7  law.

  8         (g)  The administrative duties of the board of

  9  commissioners shall include the planning, financing, and

10  coordination of the works of the district, including

11  budgeting, obtaining sources of financing, as well as carrying

12  out the constructing, repairing, restoring, and maintaining of

13  the works of the district.

14         (h)  Requirements for reporting, financial disclosure,

15  meeting notices, and public records maintenance shall be as

16  set forth in chapters 112, 189, 218, and 286, Florida

17  Statutes, as they may be amended, and by other applicable

18  general law.

19         (i)  The district may issue bonds, including general

20  obligation bonds, revenue bonds, bond anticipation notes, and

21  limited revenue bonds, in the same manner as provided by

22  general law for the issuance of bonds by counties, but no

23  general obligation bonds may be issued until approved by

24  referendum of the qualified electors of the district. The

25  district must levy sufficient ad valorem taxes each year to

26  provide for all interest and sinking fund payments applicable

27  to general obligation bonds.

28         (j)  District elections or referenda shall be conducted

29  as provided by general law for nonpartisan elections. All

30  registered voters of the district shall be qualified electors

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  1  of the district. District elections for commissioner shall be

  2  by numbered seat.

  3         (k)  The functions and operations of the district shall

  4  be financed by ad valorem tax revenue levied upon the taxable

  5  property within the district, and such other revenue as may be

  6  received by the district from investments, funding from local,

  7  state, and federal government, and such other sources as the

  8  board of commissioners may determine.

  9         (l)  The district is authorized to levy ad valorem

10  taxes on the taxable property of the district up to an annual

11  maximum of 3 mills per dollar of taxable value.

12         (m)  The district's planning requirements shall be as

13  provided in chapter 189, Florida Statutes.

14         (n)  The geographic boundaries of the district are as

15  set forth in section 2 of this charter.

16         Section 4.  Additional provisions.--

17         (a)  The district is authorized to borrow money for

18  periods of time not exceeding 1 year, at an interest rate not

19  exceeding 7 percent per annum, but the aggregate amount of the

20  principal indebtedness shall not exceed the sum of $7,500. No

21  limitation on interest rate, term, or principal amount shall

22  apply to any indebtedness, so long as the loan is secured by

23  the pledge of a certificate of deposit or other evidence of

24  deposit of moneys of the district having a fixed maturity date

25  and providing for interest penalty or loss of interest for

26  early withdrawal, the term of the loan is not longer than the

27  fixed maturity date of the asset pledged, and the amount of

28  the loan plus interest does not exceed the value of the

29  pledged asset at maturity.

30         (b)  Before taking office, each commissioner shall give

31  a surety bond, with a surety company authorized to do business

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  1  in the State of Florida, in a sum fixed by the commission, not

  2  less than $2,500. Commissioners shall elect a chair, a vice

  3  chair, a secretary, and a treasurer. The offices of secretary

  4  and treasurer may both be held by the same person. All

  5  district officers must be commissioners. The affirmative vote

  6  of three commissioners shall be required to pass any measure.

  7         (c)  The district shall appoint a district engineer,

  8  who shall be an engineer licensed to practice in the State of

  9  Florida.

10         (d)  The district is further authorized and empowered

11  to:

12         (1)  Clean out, straighten, widen, change the course or

13  flow of, or deepen any other watercourse, natural stream, or

14  body of water found to be necessary by the board of

15  commissioners in order to facilitate the maintenance of the

16  inlet or waterway between the mouth of the Loxahatchee River

17  and the Atlantic Ocean or that may be found necessary to

18  maintain a sufficient depth of water in the Loxahatchee River.

19         (2)  Construct and maintain canals, ditches,

20  revetments, jetties, and other works and improvements deemed

21  to be necessary in the construction, preservation, or

22  maintenance of the work of the district.

23         (3)  Construct any bridge or roadway over or across

24  levees, embankments, highways, or railroads or over any canal

25  or waterway in the district.

26         (4)  Acquire, by purchase, condemnation, gift, or

27  otherwise, such lands, easements, riparian rights, and railway

28  rights-of-way as the board of commissioners deems necessary

29  for the purposes of the district.

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  1         (5)  Construct and maintain docks, wharves, buildings,

  2  or other improvements upon any of the properties which may be

  3  acquired by virtue of this act.

  4         (6)  Charge and collect fees for the use of any

  5  wharves, docks, buildings, or other structures or improvements

  6  owned by the district.

  7         (7)  Use, hold, occupy, control, develop, lease, or

  8  make any other disposition of any property which may be

  9  acquired for and on behalf of the district under the

10  provisions of this act.

11         (8)  Do and perform every act or thing which may be

12  necessary to carry out the purposes of this act.

13         (e)  The district shall have the power of eminent

14  domain over any real and personal property, whether or not

15  located within the district, to be exercised as provided by

16  general law.

17         (f)  Notwithstanding any other provision of law to the

18  contrary, all bonds issued under the provisions of this act

19  shall constitute legal investments for savings banks, banks,

20  trust companies, executors, administrators, trustees,

21  guardians, and other fiduciaries, and for any board, body,

22  agency, or instrumentality of the State of Florida or of any

23  county, municipality, or other political subdivision of the

24  state, and shall be and constitute securities which may be

25  deposited by banks or trust companies as security for deposits

26  of state, county, municipal, and other public funds.

27         (g)  All moneys, properties, or other assets of the

28  district shall be exempt from all taxation by the State of

29  Florida or by any county, municipality, or other political

30  subdivision thereof. Bonds issued pursuant to this section

31  shall, together with the income therefrom, be exempt from all

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  1  taxation by the State of Florida or by any county,

  2  municipality, or other political subdivision thereof.

  3         Section 5.  Permit applications, notice, and comment.--

  4         (a)  As used in this section:

  5         (1)  "Board" means the Board of Commissioners of the

  6  Jupiter Inlet District.

  7         (2)  "Department" means the Department of Environmental

  8  Protection and any of its divisions, including any division

  9  responsible for permitting, as presently constituted or as may

10  be hereafter reorganized, renamed, or restructured, and any of

11  its successors.

12         (3)  "Permit" means any permit, license, certificate,

13  or exemption presently or hereafter required for any activity

14  under the jurisdiction of the department and in or upon the

15  waters of the state located within the Jupiter Inlet District.

16         (b)(1)  At the earliest practicable time, but in any

17  event prior to consideration by the department of any

18  application for a permit as defined herein, the department

19  shall provide to the board written notice of any application

20  for a permit received by the department.

21         (2)  Such written notice shall be sufficient if a

22  photocopy of any such application for a permit, as received by

23  the department, is mailed to the board by ordinary mail at

24  such address as the board may designate.

25         (c)  The department shall consider and take into

26  account in its decision to grant or deny any permit, such

27  facts, opinions, comments, recommendations, or suggestions as

28  the board may furnish, ascribing to them such weight as the

29  department deems appropriate under the facts and circumstances

30  of any given permit application.

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  1         (d)  Nothing in this section shall be construed to

  2  require the department to grant or deny any permit based

  3  solely upon any response of the board to such permit

  4  application.

  5         (e)  The department may require payment by the board

  6  from the general funds of the district, and the board is

  7  authorized to pay the department such reasonable charge as the

  8  department shall fix, to reimburse the department for the cost

  9  of copying and mailing of any material required to be

10  furnished to the board herein; but, payment of any such charge

11  shall not be a condition precedent to the furnishing to the

12  board of any such material.

13         (f)  The notice of permit application required in

14  paragraph (b)(1) may be made to the board by the permit

15  applicant as set forth in paragraph (b)(2), except that if

16  such notice is furnished by the applicant, it shall be given

17  by certified mail with a return receipt requested, with notice

18  to the department thereof to prevent duplication of effort.

19         Section 6.  Liberal construction.--It is intended that

20  the provisions of this act be liberally construed to

21  accomplish the purposes of this act.

22         Section 4.  Chapter 8910, Laws of Florida, 1921,

23  chapter 10727, Laws of Florida, 1925, chapter 13674, Laws of

24  Florida, 1929, chapter 16057, Laws of Florida, 1933, chapter

25  22787, Laws of Florida, 1945, chapter 22868, Laws of Florida,

26  1945, chapter 24154, Laws of Florida, 1947, and chapters

27  71-818, 74-567, 75-474, 78-580, 79-531, 79-532, 79-533,

28  80-573, 81-458, 83-492, 85-482, and 87-522, Laws of Florida,

29  are repealed 10 days after the effective date of this act.

30         Section 5.  If any provision of this act, or any

31  provision of the district's charter contained herein, is held

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  1  to be unconstitutional, such holding shall not affect the

  2  validity of the remaining provisions of the charter or other

  3  provisions of this act.

  4         Section 6.  This act shall take effect upon becoming a

  5  law.

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